AN ACT relating to crimes; making it unlawful to carry a graffiti
implement in certain places and in certain circumstances; providing that a
governmental entity which incurs costs in cleaning up or removing graffiti may
receive restitution if the graffiti was on public property; revising penalties
for unlawfully placing graffiti on the property of another; revising provisions
governing the suspension of or delay in issuing a drivers license when a
person is convicted for placing graffiti on or defacing property; providing penalties;
and providing other matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Section 2 of
this bill creates a new crime for unlawfully possessing certain graffiti
implements in certain public places. Specifically, section 2 provides
that it is a misdemeanor for a person to carry on his person with the intent to
vandalize, place graffiti on or otherwise deface property a graffiti implement
on certain public and private property or in a public transportation vehicle without
valid authorization from the appropriate governmental entity or person. Sections
6-8 of this bill amend existing law to provide that persons who unlawfully
possess a graffiti implement in violation of section 2 are treated
similarly to persons who unlawfully place graffiti on the property of another
in violation of NRS 206.125 or 206.330. Section 6 requires a person who
violates section 2 to pay, in addition to any other fine or penalty, an
administrative assessment of $250 which must be credited to the Graffiti Reward
Fund. (NRS 206.340) Section 7 amends existing law which provides that,
under certain circumstances, a person may not sue a public employee, officer or
agency for any injury, wrongful death or other damage incurred by a person
while committing certain crimes to include the new crime created pursuant to section
2. (NRS 41.0334) Section 8 amends existing law which authorizes a
court to suspend the drivers license of a child or to delay the issuance of a
drivers license to the child if he does not yet possess a drivers license
when the child is adjudicated delinquent for engaging in certain acts involving
graffiti or defacing property to allow such actions when a child engages in an
act prohibited by section 2. (NRS 62E.690)

Section 3 of
this bill requires a person who is ordered to pay restitution for damaging the
property of another to pay the restitution to either the owner of the property
or, if the damage involves the placement of graffiti on certain property, to
the governmental entity that incurred the costs of cleaning up or removing the
graffiti.

Section 4 of
this bill revises the penalty for placing graffiti on, vandalizing, defacing or
otherwise damaging: (1) a place of religious worship; (2) a facility used for
the purpose of burial or memorializing the dead; or (3) a school, educational
facility or community center to provide for mandatory fines and community
service. Section 4 also adds transportation facilities and public
transportation vehicles to the list of entities covered by this section. (NRS
206.125)

Section 5 of
this bill revises the penalties for such an offense to include a mandatory fine
and community service, revises the period for the suspension of a drivers
license, defines the manner for determining the value of the loss and allows
for aggregating the amount of damage to determine the value of the loss, but
only if the value of the loss when aggregated is $5,000 or more. (NRS 206.330)

Existing law
provides for the suspension or delay in the issuance of a drivers license to a
person who commits certain graffiti offenses. Section 8 of this bill
adds to the crimes for which a license may be suspended or delayed the new
crime of carrying a graffiti implement in certain places and increases the
minimum period of the suspension or delay to 1 year. (NRS 62E.690)

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
206 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. 1. Any person who carries on his person a graffiti
implement with the intent to vandalize, place graffiti on or otherwise deface
public or private property, real or personal, of another:

(a) While
on or under any overpass or bridge or in any flood channel;

(b) At
any public facility, community center, park, playground, swimming pool,
transportation facility, beach or recreational area whereon a sign is posted in
a location reasonably expected to be viewed by the public which states that it
is a misdemeanor to possess a graffiti implement at that public location
without valid authorization; or

(c) In a
public transportation vehicle wherein a sign is posted that is easily viewed by
passengers which states that it is a misdemeanor to possess a graffiti
implement in the vehicle without valid authorization,

Κ is
guilty of a misdemeanor unless he has first received valid authorization from
the governmental entity which has jurisdiction over the public area or other
person who is designated to provide such authorization.

2. As
used in this section:

(a) Broad-tipped indelible marker means
any felt-tipped marker or similar implement which contains a fluid that is not
soluble in water and which has a flat or angled writing surface of a width of
one-half inch or greater.

(b) Graffiti implement means any
broad-tipped indelible marker or aerosol paint container or other item that may
be used to propel or apply fluid that is not soluble in water.

(c) Public
transportation vehicle means a bus, train or other vehicle or instrumentality
used to transport persons from a transportation facility to another location.

(d) The grounds adjacent to, and owned or rented by,
any institution, facility, building, structure or place described in paragraph
(a), (b) or (c); or

(e) Any personal property contained in any institution,
facility, building, structure or place described in paragraph (a), (b) or (c),

Κ is guilty
of a gross misdemeanor.

2. In
addition to any other penalty, the court shall order [the]a person found guilty of a gross misdemeanor
pursuant to subsection 1 to pay restitution for the damage[.] and:

(a) For
the first offense, to pay a fine of not less than $400 but not more than
$1,000, and to perform 100 hours of community service.

(b) For
the second offense, to pay a fine of not less than $750, but not more than
$1,000, and to perform 200 hours of community service.

(c) For a
third or subsequent offense, to pay a fine of $1,000, and to perform 200 hours
of community service.

[2.]3. A person who is paid money for restitution
pursuant to subsection 1 shall use the money to repair or restore the property
that was damaged.

4. As
used in this section:

(a) Public
transportation vehicle has the meaning ascribed to it in section 2 of this
act.

(b) Transportation
facility has the meaning ascribed to it in section 2 of this act.

Sec. 5. NRS
206.330 is hereby amended to read as follows:

206.330 1. Unless a greater criminal penalty is
provided by a specific statute, a person who places graffiti on or otherwise
defaces the public or private property, real or personal, of another, without
the permission of the owner:

(a) Where the value of the loss is less than $250, is
guilty of a misdemeanor.

(b) Where the value of the loss is $250 or more but
less than $5,000, is guilty of a gross misdemeanor.

(c) Where the value of the loss is $5,000 or more or
where the damage results in the impairment of public communication,
transportation or police and fire protection, is guilty of a category E felony
and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court
shall require as a condition of probation that the person serve at least 10
days in the county jail.

2. If a person commits more than one offense pursuant
to a scheme or continuing course of conduct, the value of all property damaged
or destroyed by that person in the commission of those offenses [may]must be aggregated for the
purpose of determining the penalty prescribed in subsection 1[.] , but only if the value of the loss
when aggregated is $5,000 or more.

3. A person who violates subsection 1 shall, in
addition to any other fine or penalty imposed:

(a) For the first offense, pay a fine of not less than $400 but not more than $1,000
and perform [not less than 50 hours, but not more than 99 hours,]100 hours of
community service.

(b) For the second offense, pay a fine of not less than $750 but not more than $1,000
and perform [not less than 100 hours, but not more than 199 hours,]200 hours of
community service.

(c) For the third and each subsequent offense, pay a fine of $1,000 and
perform [not less than] 200 hours of community
service.

Κ The
community service assigned pursuant to this subsection must, if possible, be
related to the abatement of graffiti.

4. The parent or legal guardian of a person under the
age of 18 years who violates this section is liable for all fines and penalties
imposed against the person. If the parent or legal guardian is unable to pay
the fine and penalties resulting from a violation of this section because of
financial hardship, the court may require the parent or legal guardian to
perform community service.

5. If a person who is 18 years of age or older is
found guilty of violating this section, the court [may]shall,in addition to any other penalty
imposed, issue an order suspending the drivers license of the
person for [a period not to exceed]not less than 6 months [in
addition to any other penalty imposed. If such an order is issued, the]but not more than 2 years. The
court shall require the person to surrender all drivers licenses then held by
the person. If the person does not possess a drivers license, the court [may]shall issue an order
prohibiting the person from applying for a drivers license [within
the]for not
less than 6 months [immediately following the date of the
order.]but
not more than 2 years. The court shall, within 5 days after
issuing the order, forward to the Department of Motor Vehicles any licenses
together with a copy of the order.

6. The Department of Motor Vehicles:

(a) Shall not treat a violation of this section in the
manner statutorily required for a moving traffic violation.

(b) Shall report the suspension of a drivers license
pursuant to this section to an insurance company or its agent inquiring about
the persons driving record. An insurance company shall not use any information
obtained pursuant to this paragraph for purposes related to establishing
premium rates or determining whether to underwrite the insurance.

7. A criminal penalty imposed pursuant to this
section is in addition to any civil penalty or other remedy available pursuant
to another statute for the same conduct.

8. As used in this section[, impairment]:

(a) Impairment
means the disruption of ordinary and incidental services, the
temporary loss of use or the removal of the property from service for repair of
damage.

(b) Value
of the loss means the cost of repairing, restoring or replacing the property,
including, without limitation, the cost of any materials and labor necessary to
repair, restore or replace the item.

Sec. 6. NRS 206.340 is hereby amended
to read as follows:

206.340 1. The Graffiti Reward Fund is hereby
created in the State General Fund.

2. When a defendant pleads or is found guilty of
violating NRS 206.125 or 206.330[,]or section 2 of this act, the
court shall include an administrative assessment of $250 for each violation in
addition to any other fine or penalty.

fine or penalty. The money collected must be paid by the
clerk of the court to the State Controller on or before the fifth day of each
month for the preceding month for credit to the Graffiti Reward Fund.

3. All money received pursuant to subsection 2 must
be deposited with the State Controller for credit to the Graffiti Reward Fund.
The money in the Fund must be used to pay a reward to a person who, in response
to the offer of a reward, provides information which results in the
identification, apprehension and conviction of a person who violates NRS
206.125 or 206.330[.]or section 2 of this act.

4. If sufficient money is
available in the Graffiti Reward Fund, a state law enforcement agency may offer
a reward, not to exceed $1,000, for information leading to the identification,
apprehension and conviction of a person who violates NRS 206.125 or 206.330[.]or section 2 of this act. The reward must be paid out of the Graffiti Reward Fund upon
approval by the State Board of Examiners.

Sec. 7. NRS 41.0334 is hereby amended
to read as follows:

41.0334 1. Except as otherwise provided in
subsection 2, no action may be brought under NRS 41.031 or against an officer
or employee of the State or any of its agencies or political subdivisions for
injury, wrongful death or other damage sustained in or on a public building or
public vehicle by a person who was engaged in any criminal act proscribed in
NRS 202.810, 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240,
205.271 to 205.2741, inclusive, 206.310, 206.330, 207.210, 331.200 or 393.410[,]or section 2 of this act, at
the time the injury, wrongful death or damage was caused.

2. Subsection 1 does not apply to any action for
injury, wrongful death or other damage:

(a) Intentionally caused or contributed to by an
officer or employee of the State or any of its agencies or political
subdivisions; or

(b) Resulting from the deprivation of any rights,
privileges or immunities secured by the United States Constitution or the
Constitution of the State of Nevada.

3. As used in this section:

(a) Public building includes every house, shed, tent
or booth, whether or not completed, suitable for affording shelter for any
human being or as a place where any property is or will be kept for use, sale
or deposit, and the grounds appurtenant thereto; and

(b) Public vehicle includes every device in, upon or
by which any person or property is or may be transported or drawn upon a public
highway, waterway or airway,

Κ owned, in
whole or in part, possessed, used by or leased to the State or any of its
agencies or political subdivisions.

Sec. 8. NRS 62E.690 is hereby amended
to read as follows:

62E.690 1. Except as otherwise provided in this
section, if a child is adjudicated delinquent for the unlawful act of placing
graffiti on or otherwise defacing public or private property owned or possessed
by another person in violation of NRS 206.125 or 206.330[,]or for the unlawful act of carrying a
graffiti implement in certain places without valid authorization in violation
of section 2 of this act, the juvenile court [may:] shall:

(a) If the child possesses a drivers license, issue
an order suspending the drivers license of the child for at least [90
days]1 year but
not more than 2 years; or

(b) If the child does not possess a drivers license
and the child is or will be eligible to receive a drivers license within the 2
years immediately following the date of the order, issue an order prohibiting
the child from receiving a drivers license for a period specified by the
juvenile court which must be at least [90 days]1 year but not more
than 2 years:

(1) Immediately following the date of the
order, if the child is eligible to receive a drivers license; or

(2) After the date the child will be eligible
to receive a drivers license, if the child is not eligible to receive a
license on the date of the order.

2. If the child is already the subject of a court
order suspending or delaying the issuance of his drivers license, the juvenile
court shall order the additional suspension or delay, as appropriate, to apply
consecutively with the previous order.

Sec. 9. NRS 483.250 is hereby amended
to read as follows:

483.250 The Department shall not issue any license
pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

1. To any person who is under the age of 18 years,
except that the Department may issue:

(a) A restricted license to a person between the ages
of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

(b) An instruction permit to a person who is at least
15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

(c) A restricted instruction permit to a person under
the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

(d) A drivers license to a person who is 16 or 17
years of age pursuant to NRS 483.2521.

2. To any person whose license has been revoked until
the expiration of the period during which he is not eligible for a license.

3. To any person whose license has been suspended,
but upon good cause shown to the Administrator, the Department may issue a
restricted license to him or shorten any period of suspension.

4. To any person who has previously been adjudged to
be afflicted with or suffering from any mental disability or disease and who
has not at the time of application been restored to legal capacity.

5. To any person who is required by NRS 483.010 to
483.630, inclusive, to take an examination, unless he has successfully passed
the examination.

6. To any person when the Administrator has good
cause to believe that by reason of physical or mental disability that person
would not be able to operate a motor vehicle safely.

7. To any person who is not a resident of this State.

8. To any child who is the subject of a court order
issued pursuant to title 5 of NRS which delays his privilege to drive.

9. To any person who is the subject of a court order
issued pursuant to NRS 206.330 which [suspends or]
delays his privilege to drive until the expiration of the period of [suspension
or] delay.

10. To any person who is not eligible for the
issuance of a license pursuant to NRS 483.283.

________

κ2007
Statutes of Nevada, Page 2301κ

CHAPTER 443, SB 502

Senate
Bill No. 502Committee on Taxation

CHAPTER 443

AN ACT relating to taxes on retail sales; revising various provisions
governing sales and use taxes to ensure continued compliance with the
Streamlined Sales and Use Tax Agreement; providing for the direct payment by
certain purchasers of any sales and use taxes due to an Indian reservation or
Indian colony in this State; providing for the submission to the voters of the
question whether the Sales and Use Tax Act of 1955 should be amended to repeal
a tax exemption for the sale of aircraft and major components of aircraft to an
airline based in Nevada and to authorize the Legislature to amend or repeal a
provision of that Act without additional voter approval when necessary to carry
out a federal law or interstate agreement for the administration of sales and
use taxes; repealing certain obsolete provisions for the administration of
sales and use taxes; and providing other matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Existing law
provides for the administration of sales and use taxes in this State pursuant
to the Simplified Sales and Use Tax Administration Act, the Sales and Use Tax
Act and the Local School Support Tax Law. (Chapters 360B, 372 and 374 of NRS)
Under existing law, the Legislature has found and declared that this State
should enter into an interstate agreement to simplify and modernize sales and
use tax administration to reduce the burden of tax compliance for all sellers
and types of commerce. (NRS 360B.020) Existing law requires the Nevada Tax
Commission to enter into the Streamlined Sales and Use Tax Agreement and take
all other actions reasonably required to implement the provisions of the
Agreement. (NRS 360B.110) Sections 2, 5-7 and 15-17 of this bill set
forth and clarify various administrative definitions required pursuant to the
Agreement, as amended. Section 3 of this bill contains the requirements
of a recent amendment to the Agreement regarding the certification by the State
of the software of certain computer programs that calculate the taxes due on a
sale and the provision of a limited waiver of liability for the persons who
rely on that certification. Section 9 of this bill carries out a recent
amendment to the Agreement regarding the conditions under which multiple
remittances of taxes may be required for a single tax return from a seller who
registers under the Agreement. Section 10 of this bill clarifies the
duties of the Department of Taxation to post on its website certain tax
information required by the Agreement. Section 11 of this bill clarifies
the statutory provisions governing the contents and use of a list required by
the Agreement for determining the combined rate of taxes imposed in each zip
code. Section 12 of this bill carries out and clarifies the requirements
of the Agreement, as amended, to waive the liability of sellers and purchasers
who rely on the tax information posted on the Departments website in
accordance with the Agreement.

Existing law
authorizes a person who obtains a direct pay permit to pay any applicable sales
and use taxes due on certain purchases directly to this State and its local
governments instead of to the seller. (NRS 360B.260) Section 13 of this
bill additionally provides for the direct payment of any applicable sales and
use taxes due on such a purchase to an Indian reservation or Indian colony in
this State.

Under existing law,
persons who desire to conduct business as sellers in this State must register
pursuant to the Streamlined Sales and Use Tax Agreement or obtain permits from
the Department of Taxation. (NRS 372.125 and 374.130) Sections 18-20 and
28-30 of this bill clarify that the statutory provisions applicable to an
application for such a permit do not apply to the registration of a seller
pursuant to the Agreement.

Existing law
creates a presumption that a sale is subject to sales and use taxes unless the
seller obtains a certificate from the purchaser indicating that the property is
purchased for resale. (NRS 372.155, 372.225, 374.160, 374.230) Sections
21-25 and 31-35 of this bill revise the statutory provisions governing
resale certificates to combine some of the existing provisions for clarity and
to carry out the requirements of the Streamlined Sales and Use Tax Agreement
regarding the acceptance of resale certificates from certain third-party
vendors, the contents of resale certificates and the liability of a seller for
the improper use of a resale certificate by a purchaser.

Existing law prohibits
the Department of Taxation, in administering use taxes, from considering the
taxability of certain property acquired free of charge at a convention, trade
show or other public event. (NRS 372.7275, 374.726) Sections 27 and 37
of this bill ensure that existing law does not appear to create a threshold for
the application of a sales or use tax, as prohibited by the Streamlined Sales
and Use Tax Agreement.

Existing law
authorizes the adoption of an ordinance for the imposition of a sales and use
tax in Clark County to employ and equip additional police officers. (Clark
County Sales and Use Tax Act of 2005) Section 38 of this bill revises
the requirements for such an ordinance in accordance with the provisions of the
Streamlined Sales and Use Tax Agreement requiring a common state and local tax
base and imposing restrictions on the date of implementation of changes in tax
rates.

Existing law
includes various provisions of the Sales and Use Tax Act of 1955. (NRS
372.010-372.115, 372.185-372.205, 372.260-372.284, 372.285-372.325,
372.327-372.345, 372.350) Under existing law, the provisions of that Act, which
was submitted to and approved by the voters at the 1956 General Election,
cannot be amended or repealed without additional voter approval. (Nev. Const. Art.
19, § 1) Sections 39-47 of this bill provide for the submission to the
voters of an amendment to that Act to authorize the Legislature to amend that
Act without any additional voter approval as necessary to carry out any federal
law or interstate agreement for the administration of sales and use taxes,
unless the amendment would increase the rate of a tax imposed pursuant to that
Act, and to repeal a section of that Act that was declared unconstitutional by
the Nevada Supreme Court in Worldcorp v. State, Department of Taxation,
113 Nev. 1032 (1997).

Section 49
of this bill repeals NRS 360B.270 in accordance with a recent amendment to the
Streamlined Sales and Use Tax Agreement, NRS 372.160, 372.230, 374.165 and
374.235, the provisions of which have been incorporated into other statutes by sections
21, 24, 31 and 34 of this bill, NRS 372.728 and 374.728, which are
obsolete, and, if the proposed amendment to the Sales and Use Tax Act of 1955
is approved by the voters, NRS 372.726, which provides for the administration
of the section that was declared unconstitutional.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
360B of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. Person includes a government, governmental agency or
political subdivision of a government.

Sec. 3. The Department shall:

1. Review
the software submitted for the certification of a certified automated system
pursuant to the Agreement and, if the Department determines that the software adequately classifies each
exemption from the sales and use taxes imposed in this State which is based
upon the description of a product, certify its acceptance of the classifications
made by the system.

determines that
the software adequately classifies each exemption from the sales and use taxes
imposed in this State which is based upon the description of a product, certify
its acceptance of the classifications made by the system.

2. Except
as otherwise provided in subsection 3:

(a) If a
certified service provider acting on behalf of a registered seller fails to
collect the correct amount of any sales or use tax imposed in this State as a
result of his reliance on the certification of the Department pursuant to
subsection 1 regarding the certified automated system used by that certified service
provider, waive any liability of the certified service provider, and of the
registered seller on whose behalf the certified service provider is acting,
for:

(1)
The amount of the sales or use tax which the certified service provider fails
to collect as a result of that reliance; and

(2)
Any penalties and interest on that amount.

(b) If a
registered seller who elects to use a certified automated system pursuant to
subsection 3 of NRS 360B.200 fails to collect the correct amount of any sales
or use tax imposed in this State as a result of his reliance on the
certification of the Department pursuant to subsection 1 regarding the
certified automated system used by that registered seller, waive any liability
of the registered seller for:

(1)
The amount of the sales or use tax which the registered seller fails to collect
as a result of that reliance; and

(2)
Any penalties and interest on that amount.

3. Notify
a certified service provider or a registered seller who elects to use a
certified automated system pursuant to subsection 3 of NRS 360B.200 if the
Department determines that the taxability of any item or transaction is being
incorrectly classified by the certified automated system used by the certified
service provider or registered seller. The provisions of subsection 2 do not
require the waiver of any liability for the incorrect classification of an item
or transaction regarding which notice was provided to the certified service
provider or registered seller pursuant to this subsection if the incorrect
classification occurs more than 10 days after the receipt of that notice.

Sec. 4. NRS 360B.030 is hereby amended
to read as follows:

360B.030 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 360B.040 to 360B.100,
inclusive, and section 2 of this
act have the meanings ascribed to them in those sections.

Sec. 5. NRS 360B.050 is hereby amended
to read as follows:

360B.050 Certified automated system means software
certified [jointly by the states that are signatories]pursuant to the
Agreement to calculate the tax imposed by each jurisdiction on a transaction,
determine the amount of tax to remit to the appropriate state and maintain a
record of the transaction.

Sec. 6. NRS 360B.060 is hereby amended
to read as follows:

360B.060 Certified service provider means an agent
certified [jointly by the states that are signatories]pursuant to the
Agreement to perform all of a sellers sales and use tax functions[.], other than the sellers obligation to
remit the taxes on its own purchases.

Sec. 7. NRS 360B.090 is hereby amended
to read as follows:

360B.090 State means any state of the United States ,[and]
the District of Columbia[.] and the Commonwealth of Puerto Rico.

1. Except as otherwise provided in NRS 360B.120,
enter into the Agreement.

2. Act jointly with other states that are members of
the Agreement to establish standards for:

(a) Certification of a certified service provider;

(b) A certified automated system; and

(c) Performance of multistate sellers . [; and

(d) An
address-based system for determining the applicable sales and use taxes.]

3. Take all other actions reasonably required to
implement the provisions of this chapter and the provisions of the Agreement,
including, without limitation, the:

(a) Adoption of regulations to carry out the
provisions of this chapter and the provisions of the Agreement; and

(b) Procurement, jointly with other member states, of
goods and services.

4. Represent, or have its designee represent, the
State of Nevada before the other states that are signatories to the Agreement.

5. Designate not more than four delegates, who may be
members of the Commission, to represent the State of Nevada for the purposes of
reviewing or amending the Agreement.

Sec. 9. NRS
360B.200 is hereby amended to read as follows:

360B.200 1. The Department shall, in cooperation
with any other states that are members of the Agreement, establish and maintain
a central, electronic registration system that allows a seller to register to
collect and remit the sales and use taxes imposed in this State and in the
other states that are members of the Agreement.

2. A seller who registers pursuant to this section
agrees to collect and remit sales and use taxes in accordance with the
provisions of this chapter, the regulations of the Department and the
applicable law of each state that is a member of the Agreement, including any
state that becomes a member of the Agreement after the registration of the
seller pursuant to this section. The cancellation or revocation of the
registration of a seller pursuant to this section, the withdrawal of a state
from the Agreement or the revocation of the Agreement does not relieve a seller
from liability pursuant to this subsection to remit any taxes previously or
subsequently collected on behalf of a state.

3. When registering pursuant to this section, a
seller may:

(a) Elect to use a certified service provider as its
agent to perform all the functions of the seller relating to sales and use
taxes, other than the obligation of the seller to remit the taxes on its own
purchases;

(b) Elect to use a certified automated system to
calculate the amount of sales or use taxes due on its sales transactions;

(c) Under such conditions as the Department deems
appropriate in accordance with the Agreement, elect to use its own proprietary
automated system to calculate the amount of sales or use taxes due on its sales
transactions; or

(d) Elect to use any other method authorized by the
Department for performing the functions of the seller relating to sales and use
taxes.

4. A seller who registers pursuant to this section
agrees to submit its sales and use tax returns, and to remit any sales and use
taxes due, to the Department at such times and in such a manner and format as
the Department prescribes by regulation. Those regulations must:

(a) Require from each seller who registers pursuant to
this section:

(1) Only one tax return for each taxing period
for all the sales and use taxes collected on behalf of this State and each
local government in this State; and

(2) Only one remittance of taxes for each tax
return, except that the Department may require additional remittances of taxes
if[:

(I)
The seller collects]the seller:

(I)
Collects more than $30,000 in sales and use taxes on behalf of
this State and the local governments in this State during the preceding
calendar year;

(II) [The]Is allowed to determine the amount
of [the]any additional remittance [is determined]
by a method of calculation instead of by the actual amount collected; and

(III) [The seller is]Is not required to
file any tax returns in addition to those otherwise required in accordance with
this subsection.

(b) Allow any seller who registers pursuant to this
section and makes an election pursuant to paragraph (a), (b) or (c) of
subsection 3 to submit tax returns in a simplified format that does not include
any more data fields than are permitted in accordance with the Agreement.

(c) Allow any seller who registers pursuant to this
section, does not maintain a place of business in this State and has not made
an election pursuant to paragraph (a), (b) or (c) of subsection 3, to file tax
returns at a frequency that does not exceed once per year unless the seller
accumulates more than $1,000 in the collection of sales and use taxes on behalf
of this State and the local governments in this State.

(d) Provide an alternative method for a seller who
registers pursuant to this section to make tax payments the same day as the
seller intends if an electronic transfer of money fails.

(e) Require any data that accompanies the remittance
of a tax payment by or on behalf of a seller who registers pursuant to this
section to be formatted using uniform codes for the type of tax and payment in
accordance with the Agreement.

5. The registration of a seller and the collection
and remission of sales and use taxes pursuant to this section may not be
considered as a factor in determining whether a seller has a nexus with this
State for the purposes of determining his liability to pay any tax imposed by
this State.

Sec. 10. NRS 360B.230 is hereby amended
to read as follows:

360B.230 1. The Department shall post on a website
or other Internet site that is operated or administered by or on behalf of the
Department[:] , in any format which may be required
by the Agreement:

(a) The rates of sales and use taxes for this State
and for each local government and
Indian reservation or Indian colony in this State that imposes
such taxes. [The Department shall identify this State and each local
government using the Federal Information Processing Standards developed by the
National Institute of Standards and Technology.]

(c) Any amendments to the statutory provisions and
administrative regulations of this State governing the registration of sellers
and the collection of sales and use taxes.

(d) Any change in the boundaries of local governments
in this State that impose sales and use taxes.

(e) The list maintained pursuant to NRS 360B.240.

(f) A
matrix for determining the taxability of products in this State and any change
in the taxability of a product listed in that matrix.

(g) Any
other information the Department deems appropriate.

2. The Department shall make a reasonable effort to
provide sellers with as much advance notice as possible of any changes or
amendments required to be posted pursuant to subsection 1 and of any other
changes in the information posted pursuant to subsection 1. Except as otherwise
provided in NRS 360B.250, the failure of the Department to provide such notice
and the failure of a seller to receive such notice does not affect the
obligation of the seller to collect and remit any applicable sales and use
taxes.

Sec. 11. NRS 360B.240 is hereby amended
to read as follows:

360B.240 1. The Department shall maintain a list
that denotes for each five-digit and nine-digit zip code in this State the
combined rates of sales taxes and the combined rates of use taxes imposed in
the area of that zip code, and the applicable taxing jurisdictions[.], including, without limitation, any
pertinent Indian reservation or Indian colony. If the combined
rate of all the sales taxes or use taxes respectively imposed within the area
of a zip code is not the same for the entire area of the zip code, the
Department shall denote in the list the lowest combined tax rates for the
entire zip code.

2. If a street address does not have a nine-digit zip
code or if a registered seller or
certified service provider is unable to determine the nine-digit
zip code [of a purchaser]applicable to a purchase after exercising due
diligence to determine that information, that seller or certified service provider may, except as
otherwise provided in subsection 3, apply the rate denoted for the five-digit
zip code in the list maintained pursuant to this section. For the purposes of
this subsection, there is a rebuttable presumption that a registered seller or certified service provider has
exercised due diligence if the seller or certified service provider has attempted to
determine the nine-digit zip code [of a purchaser]applicable to a purchase by
using software approved by the Department which makes that determination from
the street address and five-digit zip code [of the purchaser.] applicable to the purchase.

3. The list maintained pursuant to this section does
not apply to and must not be used for any transaction regarding which a
purchased product is received by the purchaser at the business location of the
seller.

Sec. 12. NRS 360B.250 is hereby amended
to read as follows:

360B.250 The Department shall [waive any liability of]:

1. If a
registered seller [and a certified service provider acting on behalf of a
registered seller who,]fails to collect the correct amount of any sales or use tax
imposed in this State as a result of his reasonable reliance on
the information posted pursuant to NRS 360B.230 or his compliance with
subsection 2 of NRS 360B.240, [collects the incorrect amount of any sales or use tax imposed
in this State,]waive any liability of the registered seller for:

[1.](a) The amount of the sales or use tax which
the registered seller [and certified service provider fail]fails to collect as a
result of that reliance; and

[2.](b) Any penalties and interest on that amount.

2. If a
certified service provider acting on behalf of a registered seller fails to
collect the correct amount of any sales or use tax imposed in this State as a
result of his reasonable reliance on the information posted pursuant to NRS
360B.230 or his compliance with subsection 2 of NRS 360B.240, waive any
liability of the certified service provider, and of the registered seller on
whose behalf the certified service provider is acting, for:

(a) The
amount of the sales or use tax which the certified service provider fails to
collect as a result of that reliance; and

(b) Any
penalties and interest on that amount.

3. Waive
any liability of a purchaser for any sum for which the liability of a
registered seller or certified service provider is required to be waived
pursuant to subsection 1 or 2 with regard to a transaction involving that
purchaser.

4. If a
purchaser fails to pay the correct amount of any sales or use tax imposed in
this State as a result of his reasonable reliance on the information posted
pursuant to NRS 360B.230, waive any liability of the purchaser for:

(a) The
amount of the sales or use tax which the purchaser fails to pay as a result of
that reliance; and

(b) Any
penalties and interest on that amount.

Sec. 13. NRS 360B.260 is hereby amended
to read as follows:

360B.260 1. A purchaser may purchase tangible
personal property without paying to the seller at the time of purchase the
sales and use taxes that are due thereon if:

(a) The seller does not maintain a place of business
in this State; and

(b) The purchaser has obtained a direct pay permit
pursuant to the provisions of this section.

2. A purchaser who wishes to obtain a direct pay
permit must file with the Department an application for such a permit that:

(a) Is on a form prescribed by the Department; and

(b) Sets forth such information as is required by the
Department.

3. The application must be signed by:

(a) The owner if he is a natural person;

(b) A member or partner if the seller is an
association or partnership; or

(c) An executive officer or some other person
specifically authorized to sign the application if the seller is a corporation.
Written evidence of the signers authority must be attached to the application.

4. Any purchaser who obtains a direct pay permit
pursuant to this section shall:

(a) Determine the amount of sales and use taxes that
are due and payable to this State
,[or] a local government of this State or an Indian reservation or Indian
colony in this State upon the purchase of tangible personal
property from such a seller; and

(b) Report and pay those taxes to the appropriate
authority.

[5. If a purchaser who has obtained a direct pay permit
purchases tangible personal property that will be available for use digitally
or electronically in more than one jurisdiction, he may, to determine the
amount of tax that is due to this State or
to a local government of this State, use any reasonable, consistent and uniform
method to apportion the use of the property among the various jurisdictions in
which it will be used that is supported by the purchasers business records as
they exist at the time of the consummation of the sale.]

of tax that is
due to this State or to a local government of this State, use any reasonable,
consistent and uniform method to apportion the use of the property among the
various jurisdictions in which it will be used that is supported by the
purchasers business records as they exist at the time of the consummation of
the sale.]

Sec. 14. NRS 360B.290 is hereby amended
to read as follows:

360B.290 Any invoice, billing or other document given
to a purchaser that indicates the sales price for which tangible personal
property is sold must state separately any amount received by the seller for:

1. Any installation charges for the property;

2. [The value of any exempt property given to the purchaser if
the exempt property and any taxable property are sold as a single product or
piece of merchandise;

3.]
Any credit for any trade-in which is specifically exempted from the sales
price of the property pursuant to chapter 372 or 374 of NRS;

[4.]3. Any interest, financing and carrying
charges from credit extended on the sale; and

[5.]4. Any taxes legally imposed directly on the
consumer.

Sec. 15. NRS 360B.445 is hereby amended
to read as follows:

360B.445 Food and food ingredients means
substances, whether in liquid, concentrated, solid, frozen, dried or dehydrated
form, that are sold for ingestion or chewing by humans and are consumed for
their taste or nutritional value, except alcoholic beverages , dietary supplements and
tobacco.

Sec. 16. NRS
360B.460 is hereby amended to read as follows:

360B.460 Prepared food means:

1. Food sold in a heated state or heated by the seller;

2. Two or more food ingredients mixed or combined by
the seller for sale as a single item, unless the food ingredients:

(a) Are only cut, repackaged or pasteurized by the
seller; or

(b) Contain any raw eggs, fish, meat or poultry, or
other such raw animal foods[,
for which]requiring
cooking by the consumer [is]to prevent food-borne illnesses, as recommended
pursuant to the Food Code published by the Food and Drug Administration of the
United States Department of Health and Human Services; and

3. Food sold with eating utensils provided by the
seller, including plates, knives, forks, spoons, glasses, cups, napkins or
straws. For the purposes of this [paragraph,] subsection, plates does
not include any containers or packaging used to transport food.

Sec. 17. NRS 360B.480 is hereby amended
to read as follows:

360B.480 1. Sales price means the total amount of
consideration, including cash, credit, property and services, for which
personal property is sold, leased or rented, valued in money, whether received
in money or otherwise, and without any deduction for:

(a) The sellers cost of the property sold;

(b) The cost of materials used, labor or service cost,
interest, losses, all costs of transportation to the seller, all taxes imposed
on the seller, and any other expense of the seller;

(c) Any charges by the seller for any services
necessary to complete the sale, including any delivery charges and excluding
any installation charges which are stated separately pursuant to NRS 360B.290;
and

(d) Except as otherwise provided in subsection 2, any
credit for any trade-in.

2. The term does not include:

(a) Any installation charges which are stated
separately pursuant to NRS 360B.290;

(b) [The value of any exempt personal property given to the
purchaser if:

(1)
The exempt property and any taxable property are sold as a single product or
piece of merchandise; and

(2)
The value of the exempt property is stated separately pursuant to NRS 360B.290;

(c)]
Any credit for any trade-in which is:

(1) Specifically exempted from the sales price
pursuant to chapter 372 or 374 of NRS; and

(2) Stated separately pursuant to NRS 360B.290;

[(d)](c) Any discounts, including those in the form
of cash, term or coupons that are not reimbursed by a third party, which are
allowed by a seller and taken by the purchaser on a sale;

[(e)](d) Any interest, financing and carrying
charges from credit extended on the sale of personal property, if stated
separately pursuant to NRS 360B.290; and

[(f)](e) Any taxes legally imposed directly on the
consumer which are stated separately pursuant to NRS 360B.290.

3. The
term includes consideration received by a seller from a third party if:

(a) The
seller actually receives consideration from a person other than the purchaser
and the consideration is directly related to a price reduction or discount on
the sale;

(b) The
seller has an obligation to pass the price reduction or discount through to the
purchaser;

(c) The
amount of the consideration attributable to the sale is fixed and determinable
by the seller at the time of the sale of the item to the purchaser; and

(d) Any
of the following criteria is satisfied:

(1)
The purchaser presents a coupon, certificate or other documentation to the
seller to claim a price reduction or discount, and the coupon, certificate or
other documentation is authorized, distributed or granted by a third party with
the understanding that the third party will reimburse any seller to whom the
coupon, certificate or other documentation is presented.

(2)
The purchaser identifies himself to the seller as a member of a group or
organization entitled to a price reduction or discount. For the purposes of
this subparagraph, a preferred customer card that is available to any patron
does not constitute membership in such a group.

(3)
The price reduction or discount is identified as a third-party price reduction
or discount on the invoice received by the purchaser or on a coupon,
certificate or other documentation presented by the purchaser.

Sec. 18. NRS 372.125 is hereby amended
to read as follows:

372.125 1. Every person desiring to engage in or
conduct business as a seller within this State must [register]:

(a) Register
with the Department pursuant to NRS 360B.200 ; or [file]

(b) File with
the Department an application for a permit for each place of business.

(b) Set forth the name under which the applicant
transacts or intends to transact business and the location of his place or
places of business.

(c) Set forth any other information which the Department may
require.

[3. The application must be]

(d) Be signed
by:

[(a)](1) The owner if he is a natural person;

[(b)](2) A member or partner if the seller is an
association or partnership; or

[(c)](3) An executive officer or some person
specifically authorized to sign the application if the seller is a corporation.
Written evidence of the signers authority must be attached to the application.

Sec. 19. NRS 372.130 is hereby amended
to read as follows:

372.130 At the time of making an application[,]for a permit pursuant to NRS 372.125, the
applicant must pay to the Department a [permit]
fee of $5 for each permit.

Sec. 20. NRS 372.135 is hereby amended
to read as follows:

372.135 1. Except as otherwise provided in NRS
360.205 and 372.145, after compliance with NRS 372.125, 372.130 and 372.510 by [the
applicant,]an
applicant for a permit, the Department shall:

(a) Grant and issue to [each]the applicant a
separate permit for each place of business within the State.

(b) Provide the applicant with a full, written
explanation of the liability of the applicant for the collection and payment of
the taxes imposed by this chapter. The explanation required by this paragraph:

(1) Must include the procedures for the
collection and payment of the taxes that are specifically applicable to the
type of business conducted by the applicant, including, without limitation and
when appropriate:

(I) An explanation of the circumstances
under which a service provided by the applicant is taxable;

(II) The procedures for administering
exemptions; and

(III) The circumstances under which
charges for freight are taxable.

(2) Is in addition to, and not in lieu of, the
instructions and information required to be provided by NRS 360.2925.

2. A permit is not assignable and is valid only for
the person in whose name it is issued and for the transaction of business at
the place designated on it. It must at all times be conspicuously displayed at
the place for which it is issued.

Sec. 21. NRS 372.155 is hereby amended
to read as follows:

372.155 1.
For the purpose of the proper administration of this chapter and
to prevent evasion of the sales tax , it is presumed that all gross receipts are subject to the
tax until the contrary is established. The burden of proving that a sale of
tangible personal property is not a sale at retail is upon the person who makes
the sale unless he takes in good
faith from the purchaser a certificate to the effect that the
property is purchased for resale[.] and the purchaser:

(a) Is
engaged in the business of selling tangible personal property;

(b) Is
registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS
372.135; and

(c) At
the time of purchasing the property, intends to sell it in the regular course
of business or is unable to ascertain at the time of purchase whether the
property will be sold or will be used for some other purpose.

2. If a
sale of tangible personal property is transacted by drop shipment, the
third-party vendor is relieved of the burden of proving that the sale is not a
sale at retail if:

(a) The
third-party vendor:

(1)
Takes in good faith from his customer a certificate to the effect that the
property is purchased for resale; or

(2)
Obtains any other evidence acceptable to the Department that the property is
purchased for resale; and

(b) His
customer:

(1)
Is engaged in the business of selling tangible personal property; and

(2)
Is selling the property in the regular course of business.

Sec. 22. NRS 372.165 is hereby amended
to read as follows:

372.165 [1.] A
resale certificate must:

[(a) Be signed by and bear the name and address of the
purchaser.

(b) Indicate
that the purchaser is registered pursuant to NRS 360B.200 or contain the number
of the permit issued to the purchaser pursuant to NRS 372.135.

(c) Indicate
the general character of the tangible personal property sold by the purchaser
in the regular course of business.

2. The
certificate must be]

1. Be substantially
in such form and include such
information as the Department may prescribe[.] ; and

2. Unless
submitted in electronic form, be signed by the purchaser.

Sec. 23. NRS 372.170 is hereby amended
to read as follows:

372.170 1.
If a purchaser who gives a resale certificate makes any use of the
property other than retention, demonstration or display while holding it for
sale in the regular course of business[, the]:

(a) The use
is taxable to the purchaser as of the time the property is first so used by
him, and the sales price of the property to him is the measure of the tax. [Only
when there is an unsatisfied use tax liability on this basis is the seller
liable for sales tax with respect to the sale of the property to the purchaser.]
If the sole use of the property other than retention, demonstration or display
in the regular course of business is the rental of the property while holding
it for sale, the purchaser may elect to include in his gross receipts the
amount of the rental charged rather than the sales price of the property to
him.

(b) The
seller is liable for the sales tax with respect to the sale of the property to
the purchaser only if:

(1)
There is an unsatisfied use tax liability pursuant to paragraph (a); and

(2)
The seller fraudulently failed to collect the tax or solicited the purchaser to
provide the resale certificate unlawfully.

2. As
used in this section, seller includes a certified service provider, as that
term is defined in NRS 360B.060, acting on behalf of a seller who is registered
pursuant to NRS 360B.200.

Sec. 24. NRS 372.225 is hereby amended
to read as follows:

372.225 1.
For the purpose of the proper administration of this chapter and
to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any
person for delivery in this State is sold for storage, use or other consumption
in this State until the contrary is established.

tax, it is presumed that tangible personal property sold by
any person for delivery in this State is sold for storage, use or other
consumption in this State until the contrary is established. The burden of
proving the contrary is upon the person who makes the sale unless he takes in good faith from the
purchaser a certificate to the effect that the property is purchased for resale[.] and the purchaser:

(a) Is
engaged in the business of selling tangible personal property;

(b) Is registered
pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS 372.135; and

(c) At
the time of purchasing the property, intends to sell it in the regular course
of business or is unable to ascertain at the time of purchase whether the
property will be sold or will be used for some other purpose.

2. If a
sale of tangible personal property is transacted by drop shipment, the
third-party vendor is relieved of the burden of proving that the property is
sold for storage, use or other consumption in this State if:

(a) The
third-party vendor:

(1)
Takes in good faith from his customer a certificate to the effect that the
property is purchased for resale; or

(2)
Obtains any other evidence acceptable to the Department that the property is
purchased for resale; and

(b) His
customer:

(1)
Is engaged in the business of selling tangible personal property; and

(2)
Is selling the property in the regular course of business.

Sec. 25. NRS 372.235 is hereby amended
to read as follows:

372.235 [1.]
A resale certificate must:

[(a) Be signed and bear the name and address of the purchaser.

(b) Indicate
that the purchaser is registered pursuant to NRS 360B.200 or contain the number
of the permit issued to the purchaser pursuant to NRS 372.135.

(c) Indicate
the general character of the tangible personal property sold by the purchaser
in the regular course of business.

2. The
certificate must be]

1. Be substantially
in such form and include such
information as the Department may prescribe[.] ; and

2. Unless
submitted in electronic form, be signed by the purchaser.

Sec. 26. NRS
372.347 is hereby amended to read as follows:

372.347 1. If a purchaser wishes to claim an
exemption from the taxes imposed by this chapter, the retailer shall obtain such
identifying information from the purchaser at the time of sale as is required
by the Department.

2. The Department shall, to the extent feasible,
establish an electronic system for submitting a request for an exemption. A
purchaser is not required to provide a signature to claim an exemption if the
request is submitted electronically.

3. The Department may establish a system whereby a
purchaser who is exempt from the payment of the taxes imposed by this chapter
is issued an identification number that can be presented to the retailer at the
time of sale.

4. A retailer shall maintain such records of exempt
transactions as are required by the Department[.] and provide those records to the
Department upon request.

5. Except as otherwise provided in this subsection, a
retailer who complies with the provisions of this section is not liable for the
payment of any tax imposed by this chapter if the purchaser improperly claims
an exemption. If the purchaser improperly claims an exemption, the purchaser is
liable for the payment of the tax. The provisions of this subsection do not
apply if the retailer fraudulently fails to collect the tax or solicits a
purchaser to participate in an unlawful claim of an exemption.

6. As
used in this section, retailer includes a certified service provider, as that
term is defined in NRS 360B.060, acting on behalf of a retailer who is
registered pursuant to NRS 360B.200.

Sec. 27. NRS 372.7275 is hereby amended
to read as follows:

372.7275 In its administration of the use tax imposed
by NRS 372.185, the Department shall not consider the storage, use or other
consumption in this State of tangible personal property which [is:

1. Worth
$100 or less; and

2. Acquired]:

1. Does
not have significant value; and

2. Is
acquired free of charge at a convention, trade show or other
public event.

Sec. 28. NRS 374.130 is hereby amended to
read as follows:

374.130 1. Every person desiring to engage in or
conduct business as a seller within a county [shall register]must:

(a) Register
with the Department pursuant to NRS 360B.200 ; or [file]

(b) File with
the Department an application for a permit for each place of business.

2. Every application for a permit must:

(a) Be made upon a form prescribed by the Department.

(b) Set forth the name under which the applicant
transacts or intends to transact business and the location of his place or
places of business.

(c) Set forth such other information as the Department
may require.

[3. The application must be]

(d) Be signed
by:

[(a)](1) The owner if he is a natural person;

[(b)](2) A member or partner if the seller is an
association or partnership; or

[(c)](3) An executive officer or some person
specifically authorized to sign the application if the seller is a corporation.
Written evidence of the signers authority must be attached to the application.

Sec. 29. NRS 374.135 is hereby amended
to read as follows:

374.135 At the time of making an application[,]for a permit pursuant to NRS 374.130, the
applicant shall pay to the Department a [permit]
fee of $5 for each permit.

Sec. 30. NRS 374.140 is hereby amended
to read as follows:

374.140 1. Except as otherwise provided in NRS
360.205 and 374.150, after compliance with NRS 374.130, 374.135 and 374.515 by [the
applicant,]an
applicant for a permit, the Department shall:

(a) Grant and issue to [each]the applicant a
separate permit for each place of business within the county.

(b) Provide the applicant with a full, written
explanation of the liability of the applicant for the collection and payment of
the taxes imposed by this chapter. The explanation required by this paragraph:

(1) Must include the procedures for the
collection and payment of the taxes that are specifically applicable to the
type of business conducted by the applicant, including, without limitation and
when appropriate:

(I) An explanation of the circumstances
under which a service provided by the applicant is taxable;

(II) The procedures for administering
exemptions; and

(III) The circumstances under which
charges for freight are taxable.

(2) Is in addition to, and not in lieu of, the
instructions and information required to be provided by NRS 360.2925.

2. A permit is not assignable and is valid only for
the person in whose name it is issued and for the transaction of business at
the place designated therein. A permit must at all times be conspicuously
displayed at the place for which it is issued.

Sec. 31. NRS 374.160 is hereby amended
to read as follows:

374.160 1.
For the purpose of the proper administration of this chapter and
to prevent evasion of the sales tax it [shall be]is presumed that all
gross receipts are subject to the tax until the contrary is established. The
burden of proving that a sale of tangible personal property is not a sale at
retail is upon the person who makes the sale unless he takes in good faith from the
purchaser a certificate to the effect that the property is purchased for resale[.] and the purchaser:

(a) Is
engaged in the business of selling tangible personal property;

(b) Is
registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS
374.140; and

(c) At
the time of purchasing the property, intends to sell it in the regular course
of business or is unable to ascertain at the time of purchase whether the
property will be sold or will be used for some other purpose.

2. If a
sale of tangible personal property is transacted by drop shipment, the
third-party vendor is relieved of the burden of proving that the sale is not a
sale at retail if:

(a) The
third-party vendor:

(1)
Takes in good faith from his customer a certificate to the effect that the
property is purchased for resale; or

(2)
Obtains any other evidence acceptable to the Department that the property is
purchased for resale; and

(b) His
customer:

(1)
Is engaged in the business of selling tangible personal property; and

(2)
Is selling the property in the regular course of business.

Sec. 32. NRS 374.170 is hereby amended
to read as follows:

374.170 [1.]
A resale certificate must:

[(a) Be signed by and bear the name and address of the
purchaser.

(b) Indicate
that the purchaser is registered pursuant to NRS 360B.200 or contain the number
of the permit issued to the purchaser pursuant to NRS 374.140.

(c) Indicate
the general character of the tangible personal property sold by the purchaser
in the regular course of business.

2. The
certificate must be]

1. Be substantially
in such form and include such
information as the Department may prescribe[.] ; and

374.175 1.
If a purchaser who gives a resale certificate makes any use of the
property other than retention, demonstration or display while holding it for
sale in the regular course of business[, the use shall be]:

(a) The
use is taxable to the purchaser as of the time the property is
first so used by
him, and the sales price of the property to him [shall be deemed]is the measure of
the tax. [Only when there is an unsatisfied use tax liability on this
basis shall the seller be liable for sales tax with respect to the sale of the
property to the purchaser.] If the sole use of the
property other than retention, demonstration or display in the regular course
of business is the rental of the property while holding it for sale, the
purchaser may elect to include in his gross receipts the amount of the rental
charged rather than the sales price of the property to him.

(b) The
seller is liable for the sales tax with respect to the sale of the property to
the purchaser only if:

(1)
There is an unsatisfied use tax liability pursuant to paragraph (a); and

(2)
The seller fraudulently failed to collect the tax or solicited the purchaser to
provide the resale certificate unlawfully.

2. As
used in this section, seller includes a certified service provider, as that
term is defined in NRS 360B.060, acting on behalf of a seller who is registered
pursuant to NRS 360B.200.

Sec. 34. NRS 374.230 is hereby amended
to read as follows:

374.230 1.
For the purpose of the proper administration of this chapter and
to prevent evasion of the use tax and the duty to collect the use tax, it [shall
be]is presumed
that tangible personal property sold by any person for delivery in a county is
sold for storage, use or other consumption in the county until the contrary is
established. The burden of proving the contrary is upon the person who makes
the sale unless he takes in good
faith from the purchaser a certificate to the effect that the
property is purchased for resale[.] and the purchaser:

(a) Is
engaged in the business of selling tangible personal property;

(b) Is
registered pursuant to NRS 360B.200 or holds a permit issued pursuant to NRS
374.140; and

(c) At
the time of purchasing the property, intends to sell it in the regular course
of business or is unable to ascertain at the time of purchase whether the
property will be sold or will be used for some other purpose.

2. If a
sale of tangible personal property is transacted by drop shipment, the
third-party vendor is relieved of the burden of proving that the property is
sold for storage, use or other consumption in this State if:

(a) The
third-party vendor:

(1)
Takes in good faith from his customer a certificate to the effect that the
property is purchased for resale; or

(2)
Obtains any other evidence acceptable to the Department that the property is
purchased for resale; and

(b) His
customer:

(1)
Is engaged in the business of selling tangible personal property; and

(b) Indicate
that the purchaser is registered pursuant to NRS 360B.200 or contain the number
of the permit issued to the purchaser pursuant to NRS 374.140.

(c) Indicate
the general character of the tangible personal property sold by the purchaser
in the regular course of business.

2. The
certificate must be]

1. Be substantially
in such form and include such
information as the Department may prescribe[.] ; and

2. Unless
submitted in electronic form, be signed by the purchaser.

Sec. 36. NRS 374.352 is hereby amended
to read as follows:

374.352 1. If a purchaser wishes to claim an
exemption from the taxes imposed by this chapter, the retailer shall obtain
such identifying information from the purchaser at the time of sale as is
required by the Department.

2. The Department shall, to the extent feasible,
establish an electronic system for submitting a request for an exemption. A
purchaser is not required to provide a signature to claim an exemption if the
request is submitted electronically.

3. The Department may establish a system whereby a
purchaser who is exempt from the payment of the taxes imposed by this chapter
is issued an identification number that can be presented to the retailer at the
time of sale.

4. A retailer shall maintain such records of exempt
transactions as are required by the Department[.] and provide those records to the
Department upon request.

5. Except as otherwise provided in this subsection, a
retailer who complies with the provisions of this section is not liable for the
payment of any tax imposed by this chapter if the purchaser improperly claims
an exemption. If the purchaser improperly claims an exemption, the purchaser is
liable for the payment of the tax. The provisions of this subsection do not
apply if the retailer fraudulently fails to collect the tax or solicits a
purchaser to participate in an unlawful claim of an exemption.

6. As
used in this section, retailer includes a certified service provider, as that
term is defined in NRS 360B.060, acting on behalf of a retailer who is
registered pursuant to NRS 360B.200.

Sec. 37. NRS 374.726 is hereby amended
to read as follows:

374.726 In its administration of the use tax imposed
by NRS 374.190, the Department shall not consider the storage, use or other
consumption in a county of tangible personal property which [is:

1. Worth
$100 or less; and

2. Acquired]:

1. Does
not have significant value; and

2. Is
acquired free of charge at a convention, trade show or other
public event.

Sec. 38. Section 10 of the Clark County
Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, at
page 914, is hereby amended to read as follows:

Sec. 10. An ordinance
enacted pursuant to this act must include provisions in substance as follows:

1. A provision imposing a
tax on the gross receipts of any retailer from the sale of all tangible
personal property sold at retail or stored, used or otherwise consumed in the
County, including incorporated cities in the County, at a rate of:

(a) One-quarter of 1 percent
if the date on which the tax must first be imposed is on October 1, 2005; and

(b) Up to an additional
one-quarter of 1 percent if the date on which the increased rate must first be
imposed is on or after October 1, 2009, and if the Legislature first approves
the increased rate,

Κ
the total rate not to exceed one-half of 1 percent.

2. Provisions substantially
identical to those contained in chapter 374 of NRS, insofar as applicable.

3. A provision that an
amendment to chapter 374 of NRS enacted after the effective date of the
ordinance, not inconsistent with this act, automatically becomes part of the
ordinance imposing the tax.

4. A provision that the
Board shall contract with the Department, before the effective date of the ordinance,
to perform all the functions incident to the administration or operation of the
tax in the County.

5. A provision that [exempts
from the tax the gross receipts from]a purchaser is entitled to a refund, in accordance with the
provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required
to be paid that is attributable to the tax imposed upon the sale
of, and the storage, use or other consumption in the County, including
incorporated cities in the County, of, tangible personal property used for the
performance of a written contract for the construction of an improvement to
real property:

(a) That was entered into on
or before the effective date of the tax; or

(b) For which a binding bid
was submitted before that date if the bid was afterward accepted, and pursuant
to the terms of the contract or bid, the contract price or bid amount may not
be adjusted to reflect the imposition of the tax.

6. A provision that
specifies the date on which the tax must first be imposed[,]or on which any change in the rate of
tax becomes effective, which must [not be earlier than]be the first day of
the [second calendar month following]first calendar quarter that begins at
least 120 days after the effective date of the ordinance.

Sec. 39. The Legislature hereby finds and
declares that:

1. There has been a rapid increase during recent
years in the conduct of interstate commerce through telecommunication and
electronic means.

2. Many of the merchants who transact these forms of
interstate commerce have been discouraged by the substantial burdens of
ascertaining and complying with the extremely diverse and detailed tax laws of
each state from making the efforts necessary to collect sales and use taxes on
behalf of the states in which they do not maintain a place of business.

3. As a result of the proliferation of these forms of
interstate commerce and federal restrictions on the ability of each state to
collect sales and use taxes from merchants who do not maintain a place of
business in that state, the people of this State are losing millions of dollars
in state and local tax revenue.

4. The nonpayment of Nevada sales and use taxes by
merchants in other states provides those merchants with an unfair competitive
advantage over local merchants who lawfully pay the sales and use taxes due in
this State.

5. As a result of the similarity of these
circumstances in the various states, considerable efforts are being made to
provide more uniformity, simplicity and fairness in the administration and
collection of sales and use taxes in this country, including the introduction
and consideration of Congressional legislation and the participation by Nevada
and many other states in the Streamlined Sales and Use Tax Agreement.

6. Compliance with the Streamlined Sales and Use Tax
Agreement and its amendments has and will continue to require amendments to the
Nevada Sales and Use Tax Act, and it is anticipated that any Congressional
legislation will also necessitate such amendments.

7. The Nevada Sales and Use Tax Act was approved by
referendum at the General Election in 1956 and therefore, pursuant to Section 1
of Article 19 of the Constitution of the State of Nevada, may not be amended,
annulled, repealed, set aside, suspended or in any way made inoperative except
by the direct vote of the people.

8. Unlike the circumstances in other states where
legislatures have the direct authority to amend sales and use tax laws in a
timely manner, the period required for the legislative enactment and subsequent
voter approval of any necessary amendments to the Nevada Sales and Use Tax Act
has placed the ability of this State to comply with the Streamlined Sales and
Use Tax Agreement and any Congressional legislation in serious jeopardy.

9. It would be beneficial to the public welfare for
the people of this State by direct vote to authorize the Legislature to enact
without any additional voter approval such amendments to the Nevada Sales and
Use Tax Act as it determines to be necessary to carry out any Congressional
legislation or interstate agreements for the administration, collection or
enforcement of sales and use taxes.

Sec. 40. At the General Election on November
4, 2008, a proposal must be submitted to the registered voters of this State to
amend the Sales and Use Tax Act, which was enacted by the 47th Session of the
Legislature of the State of Nevada and approved by the Governor in 1955, and
subsequently approved by the people of this State at the General Election held
on November 6, 1956.

Sec. 41. At the time and in the manner
provided by law, the Secretary of State shall transmit the proposed act to the
several county clerks, and the county clerks shall cause it to be published and
posted as provided by law.

Sec. 42. The proclamation and notice to the
voters given by the county clerks pursuant to law must be in substantially the
following form:

Notice is hereby given that
at the General Election on November 4, 2008, a question will appear on the
ballot for the adoption or rejection by the registered voters of the State of
the following proposed act:

AN ACT to amend
an Act entitled An Act to provide revenue for the State of Nevada; providing
for sales and use taxes; providing for the manner of collection; defining
certain terms; providing penalties for violation, and other matters properly
relating thereto. approved March 29, 1955, as amended.

Section 1. The
above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 788, is
hereby amended by adding thereto a new section to be designated as section
153.5, immediately following section 153.2, to read as follows:

Sec. 153.5. The people of the State of Nevada hereby
authorize the Legislature to enact, without an additional direct vote of the
people, legislation that amends, annuls, repeals, sets aside, suspends or
otherwise makes inoperative any provision of this Act, being chapter 397,
Statutes of Nevada 1955, at page 762, whenever the Legislature determines that
such legislation is necessary to carry out any federal statute or regulation or
interstate agreement providing for the administration, collection or
enforcement of sales and use taxes, unless such legislation would increase the
rate of any tax imposed pursuant to this Act.

Sec. 2. Section 61.5 of the
above-entitled Act, being chapter 397, Statutes of Nevada 1955, as added by
chapter 466, Statutes of Nevada 1985, at page 1441, is hereby repealed.

Sec. 3. This act becomes
effective on January 1, 2009.

Sec. 43. The ballot page assemblies and the
paper ballots to be used in voting on the question must present the question in
substantially the following form:

Shall the Sales and Use Tax
Act of 1955 be amended to repeal an exemption from the taxes imposed by this
Act on the gross receipts from the sale of aircraft and major components of
aircraft to scheduled air carriers based in this State, and to authorize the
Legislature to amend or repeal any provision of this Act without an additional
direct vote of the people whenever necessary to carry out any federal law or
interstate agreement for the administration, collection or enforcement of sales
and use taxes?

Yes ¨ No ¨

Sec. 44. The explanation of the question which
must appear on each paper ballot and sample ballot and in every publication and
posting of notice of the question must be in substantially the following form:

(Explanation
of Question)

The proposed amendment to the
Sales and Use Tax Act of 1955 would repeal an exemption from the taxes imposed
by this Act for the sale of aircraft and major components of aircraft to a
scheduled air carrier which is based in Nevada, and would authorize the
Legislature to enact legislation amending or repealing any provision of this
Act without obtaining additional voter approval whenever that legislation is
necessary to carry out any federal law or interstate agreement for the
administration, collection or enforcement of sales and use taxes. The proposed
amendment would not authorize any legislation that increases the rate of any
tax imposed pursuant to this Act.

Sec. 45. If a majority of the votes cast on
the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes
effective on January 1, 2009.

January 1, 2009. If less than a majority of votes cast on
the question is yes, the question fails and the amendment to the Sales and Use
Tax Act of 1955 does not become effective.

Sec. 46. All general election laws not
inconsistent with this act are applicable.

Sec. 47. Any informalities, omissions or
defects in the content or making of the publications, proclamations or notices
provided for in this act and by the general election laws under which this election
is held must be so construed as not to invalidate the adoption of the act by a
majority of the registered voters voting on the question if it can be
ascertained with reasonable certainty from the official returns transmitted to
the office of the Secretary of State whether the proposed amendment was adopted
by a majority of those registered voters.

Sec. 48. The amendatory provisions of section
38 of this act do not apply to any ordinance enacted before October 1, 2007.

Sec. 50. 1. This section and sections 1 to
48, inclusive, and subsection 1 of section 49 of this act become effective on
October 1, 2007.

2. Subsection 2 of section 49 of this act becomes
effective on January 1, 2009, only if the proposal submitted pursuant to
sections 40 to 44, inclusive, of this act is approved by the voters at the
general election on November 4, 2008.

________

CHAPTER 444, SB 497

Senate Bill No.
497Committee on Government Affairs

CHAPTER 444

AN ACT
relating to public facilities; authorizing the boards of county commissioners
of certain larger counties to adopt procedures for the sale of the naming
rights to a shooting range owned by the county; requiring boards of county
commissioners that sell naming rights relating to a shooting range to create an
enterprise fund for the shooting range; and providing other matters properly
relating thereto.

[Approved: June 13,
2007]

Legislative Counsels Digest:

Under existing law, boards of county commissioners
are authorized to acquire parcels of land for park, recreational, cultural and
memorial purposes and to operate, maintain and improve parks and other
recreational and cultural facilities and areas owned by the county. (NRS
244.300-244.3091) Section 2 of this bill authorizes a board of county
commissioners in a county whose population is 400,000 or more (currently Clark County) to adopt by ordinance procedures for the sale of the naming rights to a
shooting range owned by the county. Section 2 also requires a board of
county commissioners that sells the naming rights relating to a shooting range
to create an enterprise fund for proceeds from the shooting range and from the
sale of the naming rights. Money in the fund may be used only to pay expenses
directly related to the shooting range.

Sec. 2. Chapter 244 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
board of county commissioners in a county whose population is 400,000 or more
may adopt, by ordinance, procedures for the sale of naming rights relating to a
shooting range that is owned by the county, including, without limitation, the
sale of naming rights to:

(a) Buildings,
improvements, facilities, features, fixtures and sites located within the
boundaries of the shooting range; and

(b) Activities,
events and programs held at the shooting range.

2. If
the board of county commissioners sells naming rights in accordance with the
procedures adopted pursuant to subsection 1, the board shall create an
enterprise fund exclusively for the proceeds of the sale of all such naming
rights, for fees or charges for use of the shooting range and for any gifts,
grants, donations, bequests, devises or money from any other source received
for the shooting range. Any interest or other income earned on the money in the
fund, after deducting any applicable charges, must be credited to the fund.
Money that remains in the fund at the end of a fiscal year does not revert to
the county general fund and the balance in the fund must be carried forward to
the next fiscal year. The money in the fund may only be used to pay for
expenses directly related to the shooting range.

Sec. 3. This act becomes effective on July 1,
2007.

________

κ2007
Statutes of Nevada, Page 2322κ

CHAPTER 445, AB 304

Assembly
Bill No. 304Committee on Commerce and Labor

CHAPTER 445

AN ACT relating to housing; authorizing a person who makes a payment
toward the purchase of a manufactured home to bring an action to rescind a
contract or recover damages under certain circumstances; revising the
provisions relating to the review of rental agreements and other residency
documents; revising the provisions relating to certain repairs to a
manufactured home; making changes pertaining to rules and regulations of a
manufactured home park; revising the provisions relating to meetings between a
landlord and tenants under certain circumstances; requiring a landlord to pay
certain costs associated with the conversion of a manufactured home park;
increasing the amount of the limitation on the lien of a landlord; and
providing other matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Existing law
regulates manufactured home parks and various activities of landlords and
tenants in those parks. (Chapter 118B of NRS) Section 3 of this bill
provides that, if a person makes a payment toward the purchase of a
manufactured home in reasonable reliance upon a prospectus or any other
material written statement contained in promotional materials relating to the
manufactured home, and if the prospectus or written statement is proven to be
false or misleading, the person may bring an action to rescind a contract or to
recover damages and reasonable attorneys fees from the landlord or
manufactured home dealer.

Existing law
establishes provisions relating to rental agreements and other residency
documents. (NRS 118B.040) Section 5 of this bill removes the requirement
that a landlord must allow a tenant to review such documents for 72 hours
during which time a landlord is not prevented from accepting another tenant for
the same residency. Instead, section 5 requires a landlord before
requiring or accepting any application fee, to give a prospective tenant a copy
of the rental agreement, a copy of the rules and regulations of the
manufactured home park, any existing notices of the sale, closure or conversion
of the manufactured home park, the criteria used in deciding whether to accept
an applicant, the maintenance responsibilities of the landlord and any other
residency documents.

Existing law sets
forth requirements relating to the repair of a manufactured home and prohibits
a landlord from allowing a third party to make such repairs under certain
circumstances. (NRS 118B.097) Section 7 of this bill replaces a
prohibition on allowing a third party to make repairs that affect life, health
or safety with a list of specific repairs that a landlord may not allow a third
party to make. Section 7 also prohibits landlords from employing certain
persons to make such repairs. Further, section 7 requires the
Administrator of the Manufactured Housing Division of the Department of Business
and Industry to adopt regulations to specify the repairs that a person without
an applicable license may make to a manufactured home.

Section 8 of
this bill revises the provisions relating to a landlords adoption of rules and
regulations concerning a manufactured home park and provides that a properly
adopted or amended rule or regulation supersedes any inconsistent prior rule or
regulation. (NRS 118B.100) Section 8 also requires a landlord to provide
a copy of such rules and regulations to a tenant at the time the tenant enters
into a rental agreement.

Existing law
establishes provisions relating to meetings between a landlord and
representative groups of tenants to hear complaints and suggestions regarding a
manufactured home park. (NRS 118B.110) Section 9 of this bill provides
for a natural person designated by the owner to meet with tenants for such
purposes. Section 9 also prohibits a manager from meeting with tenants
for such purposes unless the manager, the landlord and the owner are all the
same natural person.

Existing law
requires a landlord to pay to a tenant the costs of moving the tenant or the fair
market value of a manufactured home under certain circumstances during the
closing or conversion of a manufactured home park. (NRS 118B.130, 118B.177,
118B.180, 118B.183) Sections 10-13 of this bill require a landlord to
pay costs associated with moving a tenants manufactured home to a new location
in this State or another state that is within 100 miles from the manufactured
home park and to pay various other costs for the tenant, including determining
the fair market value of the manufactured home and the reasonable cost of
removing and disposing of the manufactured home.

Section 15
of this bill increases the limitation on the amount of a lien that a landlord
may hold for the total amount due and unpaid for rentals and utilities from
$2,000 to $2,500.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
118B of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. Appurtenance means a structure, installation, facility,
amenity or other improvement that is appurtenant to or benefits one or more
manufactured homes, but is not a part of the manufactured home. The term
includes, without limitation, skirting, ramps, cabanas, carports, porches,
awnings, sheds and other structures, installations, facilities and amenities
associated with or benefiting one or more manufactured homes.

Sec. 3. A person who makes a payment toward the purchase of a
manufactured home or the placement of a manufactured home on a manufactured
home lot in a manufactured home park in reasonable reliance upon any material
written statement contained in promotional materials relating to the
manufactured home or manufactured home park, including, without limitation:

1. A prospectus;

2. Exhibits
produced in support of a prospectus;

3. A
brochure; or

4. A
newspaper advertisement,

Κ that proves to be false or
misleading may bring an action in a court of competent jurisdiction to rescind
any contract or agreement and may recover damages and reasonable attorneys
fees from the landlord or manufactured home dealer that issued the false or
misleading material written statement.

Sec. 4. NRS
118B.010 is hereby amended to read as follows:

118B.010 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195,
inclusive, and section 2 of this
act have the meanings ascribed to them in those sections.

Sec. 5. NRS 118B.040 is hereby
amended to read as follows:

118B.040 1. [An approved applicant for
residency may request 72 hours to review the proposed rental agreement or
lease, the rules and regulations of the manufactured home park and other
residency documents. Upon receiving such a request, the landlord shall allow the
approved applicant to review the documents
for 72 hours.

applicant to
review the documents for 72 hours. This review period does not, however,
prevent the landlord from accepting another tenant for the space or residency
while the 72 hours is pending.] Before requiring or accepting payment of any application
fee, a landlord shall give to a prospective tenant who may rent or lease a
manufactured home lot:

(a) A
copy of the rental agreement or lease;

(b) A
copy of the rules and regulations governing the manufactured home park;

(c) Any
notices of the sale, closure or conversion of the manufactured home park that
must be provided to tenants pursuant to the provisions of this chapter;

(d) The criteria used by the manufactured home park in deciding
whether to accept an applicant;

(e) A
list of every increase in rent during the last 5 years for the manufactured
home lot;

(f) The
maintenance responsibilities of the landlord pursuant to NRS 118B.090; and

(g) Any other residency documents.

2. A rental agreement or lease between a landlord and
tenant to rent or lease any manufactured home lot must be in writing. The landlord
shall give the tenant a copy of the agreement or lease at the time the tenant
signs it.

3. A rental agreement or lease must contain, but is
not limited to, provisions relating to:

(a) The duration of the agreement[.] or lease.

(b) The amount of rent, the manner and time of its
payment and the amount of any charges for late payment and dishonored checks.

(c) Restrictions on occupancy by children or pets.

(d) Services and utilities included with the rental of
a lot and the responsibility of maintaining or paying for them, including the
charge, if any, for cleaning the lots.

(e) Deposits which may be required and the conditions
for their refund.

(f) Maintenance which the tenant is required to
perform and any appurtenances he is required to provide.

(g) The name and address of the owner of the
manufactured home park and his authorized agent.

(h) Any restrictions on subletting.

(i) Any recreational facilities and other amenities
provided to the tenant and any deposits or fees required for their use.

(j) Any restriction of the park to older persons
pursuant to federal law.

(k) The dimensions of the manufactured home lot of the
tenant.

(l) A summary of the provisions of NRS 202.470.

(m) Information regarding the procedure pursuant to
which a tenant may report to the appropriate authorities:

(1) A nuisance.

(2) A violation of a building, safety or health
code or regulation.

(n) Information regarding the right of the tenant to
engage in the display of the flag of the United States, as set forth in NRS
118B.143.

(o) The amount to be charged each month to the tenant
to reimburse the landlord for the cost of a capital improvement to the
manufactured home park. Such an amount must be stated separately and include
the length of time the charge will be collected and the total amount to be
recovered by the landlord from all tenants in the manufactured home park.

(p) Any
other fees to be charged to the tenant in addition to the base rent.

Sec. 6. NRS 118B.085 is hereby amended
to read as follows:

118B.085 1. A landlord shall notify the Division, in
writing, of his correct name, address and telephone number. If the landlord has
employed a manager or assistant manager, or both, he shall also notify the
Division, in writing, of the name, address and telephone number of any such
manager and assistant manager of his park. After the initial notification, the
landlord shall also send notice of the information required pursuant to this
subsection within 45 days after:

(a) Buying the park ; [.]

(b) Opening the park for occupancy ; [.]

(c) Changing managers or assistant managers[.] ; or

(d) Changing his name, address or telephone number.

2. Upon receiving the notice required by subsection
1, the Administrator shall send the landlord, manager and assistant manager, as
applicable, the text of the provisions of this chapter and a form upon which
the landlord, manager and assistant manager, as applicable, shall acknowledge
that each has received those provisions and has read them. The landlord,
manager and assistant manager, as applicable, shall return the acknowledged
form to the Administrator within 10 days after receiving it.

Sec. 7. NRS 118B.097 is hereby amended
to read as follows:

118B.097 1.If a repair to a
manufactured home may affect [life, health or safety] the structural, electrical, plumbing,
drainage, roofing, mechanical or solid fuel burning systems of the home, or
requires a permit before the repair may be made, [and]
the repair may be performed legally only by a person who is qualified by
licensure [or certification] to perform such a
repair[:] , and:

[1.](a) A person shall not perform the repair
unless he has such qualifications; and

[2.](b) A tenant or a landlord, or his agent or
employee, shall not [allow]employ a third party to perform the repair if
he knows or, in light of all the surrounding facts and circumstances,
reasonably should know that the third party does not have such qualifications.

2. The Administrator shall adopt
regulations to specify the repairs that a person without an applicable license
may make to a manufactured home in accordance with the provisions of this
section and chapter 489 of NRS.

Sec. 8. NRS 118B.100 is hereby amended
to read as follows:

118B.100 1. The landlord may adopt rules or
regulations concerning the tenants use and occupancy of the manufactured home
lot and the grounds, areas and facilities of the manufactured home park held
out for the use of tenants generally.

2. All such rules or regulations must be:

(a) Reasonably related to the purpose for which they
are adopted;

(b) Sufficiently explicit in their prohibition,
direction or limitation to inform the tenant of what he must do or not do for
compliance;

(c) Adopted in good faith and not for the purpose of
evading any obligation of the landlord arising under the law;

(d) Consistent with the provisions of this chapter and
a general plan of operation, construction or improvement, and must not
arbitrarily restrict conduct or require any capital improvement by the tenant
which is not specified in the rental agreement or
unreasonably require a change in any capital improvement made by the tenant and
previously approved by the landlord unless the landlord can show that it is in
the best interest of the other tenants; and

specified in the rental agreement or unreasonably require a
change in any capital improvement made by the tenant and previously approved by
the landlord unless the landlord can show that it is in the best interest of
the other tenants; and

(e) Uniformly enforced against all tenants in the
park, including the managers. Any rule or regulation which is not so uniformly
enforced may not be enforced against any tenant.

3. No rule or regulation may be used to impose any
additional charge for occupancy of a manufactured home lot or modify the terms
of a rental agreement.

4. Except as otherwise provided in subsection 5, a
rule or regulation is enforceable against the tenant only if he has notice of
it at the time he enters into the rental agreement. A rule or regulation
adopted or amended after the tenant enters into the rental agreement is not
enforceable unless the tenant consents to it in writing or is given 60 days
notice of it in writing. The landlord may not adopt or amend a rule or
regulation of the park unless a meeting of the tenants is held to discuss the
proposal and the landlord provides each tenant with notice of the proposal and
the date, time and place of the meeting not less than 60 days before the
meeting. The notice must include a copy of the proposed adoption or amendment
of the rule or regulation. A notice in a periodic publication of the park does
not constitute notice for the purposes of this subsection.

5. A rule or regulation pertaining to recreational
facilities in the manufactured home park must be in writing to be enforceable.

6. A
rule or regulation adopted or amended in compliance with the provisions of this
section supersedes any previously existing rule or regulation that conflicts
with the adopted or amended rule or regulation. Only one version of any rules
and regulations or any architectural standards may be in effect at any given
time.

7. The
landlord shall provide the tenant with a copy of the existing rules and
regulations at the time the tenant enters into the rental agreement.

8. As
used in this section, capital improvement means an addition or betterment
made to a manufactured home located on a lot in a manufactured home park which
is leased by the landlord that:

(a) Consists of more than the repair or replacement of
an existing facility;

(b) Is required by federal law to be amortized over
its useful life for the purposes of income tax; and

(c) Has a useful life of 5 years or more.

Sec. 9. NRS 118B.110 is hereby amended
to read as follows:

118B.110 1. The landlord or a person designated pursuant to subsection 3 shall
meet with a representative group of tenants occupying the park, chosen by the
tenants, to hear any complaints or suggestions which concern a matter relevant
to the park within 45 days after he receives a written request to do so which
has been signed by persons occupying at least 25 percent of the lots in the
park. The 25 percent must be calculated on the basis of one signature per
occupied lot. The meeting must be held at a time and place which is convenient
to the landlord or person
designated pursuant to subsection 3 and to the tenants. The representative group of
tenants must consist of no more than five persons.

2. At least 10 days before any meeting is held
pursuant to this section, the landlord or his agent shall post a notice of the
meeting in a conspicuous place in a common area of the park.

3. [If]Except as otherwise provided in subsection 4, if the
landlord is [a:

(a) Sole
proprietorship, the owner or an authorized agent or representative designated
by the owner who has working knowledge of the operations of the park and
authority to make decisions shall meet with the tenants.

(b) Partnership,
a partner who has working knowledge of the operations of the park and authority
to make decisions shall meet with the tenants.

(c) Corporation,
an officer designated by the corporation]not a natural person, the owner may
designate an authorized agent or representative who has working
knowledge of the operations of the park and who has authority to make decisions [shall
meet with the tenants.] concerning matters relevant to the park to meet with the
tenants pursuant to this subsection.

4. Amanager may not meet with the
tenants pursuant to this section unless the manager, the landlord and the owner
are all the same natural person.

5. If
an attorney for the landlord attends a meeting held pursuant to this section,
the landlord shall not prohibit the group of tenants from being represented by
an attorney at that meeting.

[5.]6. If the landlord of a manufactured home
park is a cooperative association or a corporation for public benefit, the landlord
shall provide a notice of the meeting to the Administrator and the
Administrator or his representative shall attend the meeting.

[6.]7. As used in this section:

(a) Cooperative association means an association
formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.

(b) Corporation for public benefit has the meaning
ascribed to it in NRS 82.021.

Sec. 10. NRS 118B.130 is hereby amended
to read as follows:

118B.130 1. A landlord may not change:

(a) An existing park to a park for older persons
pursuant to federal law unless the tenants who do not meet those restrictions
and may lawfully be evicted are moved to other parks at the expense of the
landlord; or

(b) The restriction of a park for older persons
pursuant to federal law unless the tenants are given the option of remaining in
their spaces or moving to other parks at the expense of the landlord.

2. A tenant who elects to move pursuant to a
provision of subsection 1 [must]shall give the landlord notice in writing of
his election to move within 75 days after receiving notice of the change in
restrictions in the park.

3. At
the time of providing notice of the change in restrictions in the park, the
landlord shall provide to each tenant:

(a) The
address and telephone number of the Division;

(b) Any
list published by the Division setting forth the names of licensed transporters
of manufactured homes approved by the Division; and

(c) Any
list published by the Division setting forth the names of mobile home parks
within 100 miles that have reported having vacant spaces.

4. If
a landlord is required to move a tenant to another park pursuant to subsection
1, he shall pay:

(a) The cost of moving the tenants manufactured home
and its appurtenances to a new location in this State or another state within [50]100 miles from the
manufactured home park; or

(b) If the new location is more than [50]100 miles from the
manufactured home park, the cost of moving the manufactured home for the first [50]100 miles,

Κ including
fees for inspection, any deposits for connecting utilities and the cost of
taking down, moving, setting up and leveling his manufactured home and its
appurtenances in the new lot or park.

[3.]5. If the landlord is unable to move a shed, due to its
physical condition, that belongs to a tenant who has elected to have the
landlord move his manufactured home, the landlord shall pay the tenant $250 as
reimbursement for the shed. Each tenant may receive only one payment of $250
even if more than one shed is owned by the tenant.

6. If
the tenant chooses not to move the manufactured home, the manufactured home
cannot be moved without being structurally damaged or there is no manufactured
home park within 100 miles that is willing to accept the manufactured home, the
landlord:

(a) May
remove and dispose of the manufactured home; and

(b) Shall
pay to the tenant the fair market value of the manufactured home.

7. A
landlord of a park in which restrictions have been or are being changed shall
give written notice of the change to each:

(a) Tenant of the park who does not meet the new
restrictions[.] ; and

(b) Prospective tenant before the commencement of the
tenancy.

8. For
the purposes of this section, the fair market value of a manufactured home and
the reasonable cost of removing and disposing of a manufactured home must be
determined by:

(a) A
dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the
landlord and tenant; or

(b) If
the landlord and tenant cannot agree pursuant to paragraph (a), a dealer
licensed pursuant to chapter 489 of NRS who is selected for this purpose by the
Division.

9. The
landlord shall pay the costs associated with determining the fair market value
of a manufactured home and the reasonable cost of removing and disposing of a
manufactured home pursuant to subsection 6.

Sec. 11. NRS 118B.177 is hereby amended
to read as follows:

118B.177 1. If a landlord closes a manufactured home
park, or if a landlord is forced to close a manufactured home park because of a
valid order of a state or local governmental agency or court requiring the
closure of the manufactured home park permanently for health or safety reasons,
the landlord shall pay the [amount described in subsection 2 or 3, in accordance with the
choice of the tenant.] amounts required by subsections 3, 4 and 5.

2. At
the time of providing notice of the closure of the park, a landlord shall
provide to each tenant:

(a) The
address and telephone number of the Division;

(b) Any
list published by the Division setting forth the names of licensed transporters
of manufactured homes approved by the Division; and

(c) Any
list published by the Division setting forth the names of mobile home parks
within 100 miles that have reported having vacant spaces.

3. If
the tenant chooses to move the manufactured home, the landlord shall pay to the
tenant:

(a) The cost of moving each tenants manufactured home
and its appurtenances to a new location in this State or another state within [50]100 miles from the
manufactured home park; or

(b) If the new location is more than [50]100 miles from the
manufactured home park, the cost of moving the manufactured home for the first [50]100 miles,

Κ including
fees for inspection, any deposits for connecting utilities, and the cost of
taking down, moving, setting up and leveling the manufactured home and its
appurtenances in the new lot or park.

[3.] 4. If the landlord is unable to move a shed, due to its physical
condition, that belongs to a tenant who has elected to have the landlord move
his manufactured home, the landlord shall pay the tenant $250 as reimbursement
for the shed. Each tenant may receive only one payment of $250 even if more
than one shed is owned by the tenant.

5. If
the tenant chooses not to move the manufactured home, the
manufactured home cannot be moved without being structurally damaged, or there
is no manufactured home park within [50]100 miles that is willing
to accept the manufactured home, the landlord:

(a) May remove and dispose of the manufactured home;
and

(b) Shall pay to the tenant the fair market value of
the manufactured home .[less the reasonable cost of removing and disposing of the
manufactured home.

4.] 6. Written notice of any
closure must be served timely on each:

(a) Tenant in the manner provided in NRS 40.280,
giving the tenant at least 180 days after the date of the notice before he is
required to move his manufactured home from the lot.

(b) Prospective tenant by:

(1) Handing each prospective tenant or his
agent a copy of the written notice; and

(2) Maintaining a copy of the written notice at
the entrance of the manufactured home park.

[5.] 7. For the purposes of this section, the
fair market value of a manufactured home and the reasonable cost of removing and
disposing of a manufactured home must be determined by:

(a) A dealer licensed pursuant to chapter 489 of NRS
who is agreed upon by the landlord and tenant; or

(b) If the landlord and tenant cannot agree pursuant
to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is
selected for this purpose by the Division.

[6.] 8. The landlord shall pay the costs associated with
determining the fair market value of a manufactured home and the reasonable
cost of removing and disposing of a manufactured home pursuant to subsection 5.

9.
A landlord shall not increase the rent of a tenant after notice is served on
the tenant as required by subsection [4.

7.] 6.

10.
As used in this section, timely means not later than 3 days after the
landlord learns of a closure.

118B.180 1. A landlord may convert an existing
manufactured home park into individual manufactured home lots for sale to
manufactured home owners if the change is approved by the appropriate local
zoning board, planning commission or governing body. In addition to any other
reasons, a landlord may apply for such approval if the landlord is forced to
close the manufactured home park because of a valid order of a state or local
governmental agency or court requiring the closure of the manufactured home
park for health or safety reasons.

2. The landlord may undertake a conversion pursuant
to this section only if:

(a) The landlord gives notice in writing to the Division and each
tenant within 5 days after he files his application for the change in land use
with the local zoning board, planning commission or governing body;

(b) The landlord offers, in writing, to sell the lot
to the tenant at the same price the lot will be offered to the public and holds
that offer open for at least 90 days or until the landlord receives a written
rejection of the offer from the tenant, whichever occurs earlier;

(c) The landlord does not sell the lot to a person
other than the tenant for 90 days after the termination of the offer required
pursuant to paragraph (b) at a price or on terms that are more favorable than
the price or terms offered to the tenant;

(d) If a tenant does not exercise his option to
purchase the lot pursuant to paragraph (b), the landlord pays:

(1) The cost of moving the tenants
manufactured home and its appurtenances to a comparable location in this State or another state within
[50]100 miles from the manufactured home park; or

(2) If the new location is more than [50]100 miles from the
manufactured home park, the cost of moving the manufactured home for the first [50]100 miles,

Κ including
fees for inspection, any deposits for connecting utilities and the cost of
taking down, moving, setting up and leveling his manufactured home and its
appurtenances in the new lot or park; and

(e) After the landlord is granted final approval of
the change by the appropriate local zoning board, planning commission or
governing body, notice in writing is served on each tenant in the manner
provided in NRS 40.280, giving the tenant at least 180 days after the date of
the notice before he is required to move his manufactured home from the lot.

3. At
the time of providing notice of the conversion of the park pursuant to this
section, a landlord shall provide to each tenant:

(a) The
address and telephone number of the Division;

(b) Any
list published by the Division setting forth the names of licensed transporters
of manufactured homes approved by the Division; and

(c) Any
list published by the Division setting forth the names of mobile home parks
within 100 miles that have reported having vacant spaces.

4. If
the landlord is unable to move a shed, due to its physical condition, that
belongs to a tenant who has elected to have the landlord move his manufactured
home, the landlord shall pay the tenant $250 as reimbursement for the shed.
Each tenant may receive only one payment of $250 even if more than one shed is
owned by the tenant.

5. If a
tenant chooses not to move the manufactured home, the manufactured home cannot
be moved without being structurally damaged or there is no manufactured home
park within 100 miles that is willing to accept the manufactured home, the
landlord:

(a) May
remove and dispose of the manufactured home; and

(b) Shall
pay to the tenant the fair market value of the manufactured home.

6. Notice
sent pursuant to paragraph (a) of subsection 2 or an offer to sell a
manufactured home lot to a tenant required pursuant to paragraph (b) of
subsection 2 does not constitute notice of termination of the tenancy.

[4.] 7. Upon the sale of a manufactured home lot
and a manufactured home which is situated on that lot, the landlord shall
indicate what portion of the purchase price is for the manufactured home lot
and what portion is for the manufactured home.

[5.] 8. For the purposes of this section, the fair market value
of a manufactured home and the reasonable cost of removing and disposing of a
manufactured home must be determined by:

(a) A
dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the
landlord and tenant; or

(b) If
the landlord and tenant cannot agree pursuant to paragraph (a), a dealer
licensed pursuant to chapter 489 of NRS who is selected for this purpose by the
Division.

9. The
landlord shall pay the costs associated with determining the fair market value
of a manufactured home and the reasonable cost of removing and disposing of a
manufactured home pursuant to subsection 5.

10.
The provisions of this section do not apply to a corporate cooperative park.

Sec. 13. NRS 118B.183 is hereby amended
to read as follows:

118B.183 1. A landlord may convert an existing
manufactured home park to any other use of the land if the change is approved
by the appropriate local zoning board, planning commission or governing body.
In addition to any other reasons, a landlord may apply for such approval if the
landlord is forced to close the manufactured home park because of a valid order
of a state or local governmental agency or court requiring the closure of the
manufactured home park for health or safety reasons.

2. The landlord may undertake a conversion pursuant
to this section only if:

(a) The landlord gives notice in writing to the Division and each
tenant within 5 days after he files his application for the change in land use
with the local zoning board, planning commission or governing body;

(b) The landlord pays the [amount described in
subsection 3 or 4, in accordance with the choice of the tenant;]amounts required by subsections 4,
5 and 6; and

(c) After the landlord is granted final approval of
the change by the appropriate local zoning board, planning commission or
governing body, written notice is served on each tenant in the manner provided
in NRS 40.280, giving the tenant at least 180 days after the date of the notice
before he is required to move his manufactured home from the lot.

3. At
the time of providing notice of the conversion of the park pursuant to this
section, a landlord shall provide to each tenant:

(b) Any
list published by the Division setting forth the names of licensed transporters
of manufactured homes approved by the Division; and

(c) Any
list published by the Division setting forth the names of mobile home parks
within 100 miles that have reported having vacant spaces.

4. If
the tenant chooses to move the manufactured home, the landlord shall pay to the
tenant:

(a) The cost of moving the tenants manufactured home
and its appurtenances to a new location in this State or another state within [50]100 miles from the
manufactured home park; or

(b) If the new location is more than [50]100 miles from the
manufactured home park, the cost of moving the manufactured home for the first [50]100 miles,

Κ including
fees for inspection, any deposits for connecting utilities and the cost of taking
down, moving, setting up and leveling his manufactured home and its
appurtenances in the new lot or park.

[4.] 5. If the landlord is unable to move a shed, due to its physical
condition, that belongs to a tenant who has elected to have the landlord move
his manufactured home, the landlord shall pay the tenant $250 as reimbursement
for the shed. Each tenant may receive only one payment of $250 even if more
than one shed is owned by the tenant.

6. If
the tenant chooses not to move the manufactured home, the
manufactured home cannot be moved without being structurally damaged, or there
is no manufactured home park within [50]100 miles that is willing
to accept the manufactured home, the landlord:

(a) May remove and dispose of the manufactured home;
and

(b) Shall pay to the tenant the fair market value of
the manufactured home .[less the reasonable cost of removing and disposing of the
manufactured home.

5.] 7. A landlord shall not
increase the rent of any tenant:

(a) For 180 days before filing an application for a
change in land use, permit or variance affecting the manufactured home park; or

(b) At any time after filing an application for a
change in land use, permit or variance affecting the manufactured home park
unless:

(1) The landlord withdraws the application or
the appropriate local zoning board, planning commission or governing body
denies the application; and

(2) The landlord continues to operate the
manufactured home park after the withdrawal or denial.

[6.] 8. For the purposes of this section, the
fair market value of a manufactured home and the reasonable cost of removing
and disposing of a manufactured home must be determined by:

(a) A dealer licensed pursuant to chapter 489 of NRS
who is agreed upon by the landlord and tenant; or

(b) If the landlord and tenant cannot agree pursuant
to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is
selected for this purpose by the Division.

[7.] 9.The landlord shall pay the costs associated with determining
the fair market value of a manufactured home and the reasonable cost of
removing and disposing of a manufactured home pursuant to subsection 6.

10. The
provisions of this section do not apply to a corporate cooperative park.

Sec. 14. (Deleted by amendment.)

Sec. 15. NRS 108.290 is hereby amended
to read as follows:

108.290 1. If property that is the subject of a lien
which is acquired as provided in NRS 108.270 to 108.360, inclusive, is the
subject of a secured transaction in accordance with the laws of this State, the
lien:

(a) In the case of a lien acquired pursuant to NRS
108.315, is a first lien.

(b) In the case of a lien on a motor vehicle for
charges for towing, storing and any related administrative fees:

(1) For the first 30 days of the lien:

(I) If the amount of the lien does not
exceed $1,000, is a first lien.

(II) If the amount of the lien exceeds
$1,000, is a second lien.

(2) After the first 30 days of the lien:

(I) If the amount of the lien does not
exceed $2,500, is a first lien.

(II) If the amount of the lien exceeds
$2,500, is a second lien.

(c) In all other cases, if the amount of the lien:

(1) Does not exceed $1,000, is a first lien.

(2) Exceeds $1,000, is a second lien.

2. The lien of a landlord may not exceed [$2,000]$2,500 or the total
amount due and unpaid for rentals and utilities, whichever is [the
lesser.]
less.

Sec. 16. NRS 278.0209 is hereby amended to read as follows:

278.0209 1. In any ordinance relating to the zoning
of land adopted or amended by a governing body, the definition of
single-family residence must include factory-built housing that has been
built in compliance with the standards for single-family residential dwellings
of the Uniform Building Code most recently adopted by the International
Conference of Building Officials.

2. An ordinance of the governing body may require
factory-built housing to comply with standards for safety which exceed the
standards prescribed in subsection 1 if a single-family residential dwelling on
the same lot is also required to comply with those standards.

3. The governing body shall adopt the same standards
for development for the factory-built housing and the lot on which it is placed
as those to which a conventional single-family residential dwelling on the same
lot would be subject, including, but not limited to:

(a) Requirements for the setback of buildings.

(b) Side and rear-yard requirements.

(c) Standards for enclosures, access and the parking
of vehicles.

(d) Aesthetic requirements.

(e) Requirements for minimum square footage.

(f) Requirements for design, style and structure.

4. The governing body may prohibit the installation
of factory-built housing in a specified area if:

(a) More than [5] 6 years have elapsed
between the date of manufacture of factory-built housing and the date of the
application for the issuance of a permit to install factory-built housing in
the affected area; or

(b) The area contains a building, structure or other
object having a special character or special historical interest or value.

5. As used in this section, factory-built housing
has the meaning ascribed to it in NRS 461.080.

6. The provisions of this section do not abrogate a
recorded restrictive covenant.

Sec. 17. NRS 278.02095 is hereby amended to read as follows:

278.02095 1. Except as otherwise provided in this
section, in an ordinance relating to the zoning of land adopted or amended by a
governing body, the definition of single-family residence must include a
manufactured home.

2. Notwithstanding the provisions of subsection 1, a
governing body shall adopt standards for the placement of a manufactured home
that will not be affixed to a lot within a mobile home park which require that:

(a) The manufactured home:

(1) Be permanently affixed to a residential
lot;

(2) Be manufactured within the [5] 6 years immediately
preceding the date on which it is affixed to the residential lot;

(3) Have exterior siding and roofing which is
similar in color, material and appearance to the exterior siding and roofing
primarily used on other single-family residential dwellings in the immediate
vicinity of the manufactured home, as established by the governing body;

(4) Consist of more than one section; and

(5) Consist of at least 1,200 square feet of
living area unless the governing body, by administrative variance or other
expedited procedure established by the governing body, approves a lesser amount
of square footage based on the size or configuration of the lot or the square
footage of single-family residential dwellings in the immediate vicinity of the
manufactured home; and

(b) If the manufactured home has an elevated
foundation, the foundation is masked architecturally in a manner determined by
the governing body.

Κ The
governing body of a local government in a county whose population is less than
40,000 may adopt standards that are less restrictive than the standards set
forth in this subsection.

3. Standards adopted by a governing body pursuant to
subsection 2 must be objective and documented clearly and must not be adopted
to discourage or impede the construction or provision of affordable housing,
including, without limitation, the use of manufactured homes for affordable
housing.

4. Before a building department issues a permit to
place a manufactured home on a lot pursuant to this section, other than a new
manufactured home, the owner must surrender the certificate of ownership to the
Manufactured Housing Division of the Department of Business and Industry. The Division
shall provide proof of such a surrender to the owner who must submit that proof
to the building department.

5. The provisions of this section do not abrogate a
recorded restrictive covenant prohibiting manufactured homes nor do the
provisions apply within the boundaries of a historic district established
pursuant to NRS 384.005 or 384.100. An application to place a manufactured home
on a residential lot pursuant to this section constitutes an attestation by the
owner of the lot that the placement complies with all covenants, conditions and
restrictions placed on the lot and that the lot is not located within a
historic district.

6. As used in this section:

(a) Manufactured home has the meaning ascribed to it
in NRS 489.113.

AN ACT
relating to public health; authorizing the Department of Health and Human
Services to administer certain programs to assist certain persons with costs
relating to health care and pharmaceutical services; revising the percentages
of and the manner of allocating money in the Fund for a Healthy Nevada for
certain programs; revising provisions governing the subsidies from the Fund for
the cost of prescription drugs, pharmaceutical services and certain other
benefits; revising the membership and duties of the Grants Management Advisory
Committee; repealing the Task Force for the Fund for a Healthy Nevada; and
providing other matters properly relating thereto.

[Approved: June 13,
2007]

Legislative Counsels Digest:

Under federal law, states may provide subsidies,
prescription drugs and other assistance to persons with the human
immunodeficiency virus or acquired immunodeficiency syndrome. (42 U.S.C. §§
300ff-21 et seq.) Section 1 of this bill authorizes the Department of
Health and Human Services to participate in the federal program and to
administer the program in conjunction with other programs already administered
by the Department.

Under existing law, the Task Force for the Fund
for a Healthy Nevada makes allocations, or reserves for allocation or
expenditure by the Department or the Aging Services Division of the Department,
certain percentages of money in the Fund for a Healthy Nevada for certain
programs and services. (NRS 439.630) Section 4 of this bill eliminates
the role of the Task Force in making allocations of money from the Fund and
requires the Department to make such allocations itself. Section 4 also
revises the amount of money prescribed for programs that prevent, reduce or
treat the use of tobacco, for programs that improve the health and well-being
of persons with disabilities and to subsidize certain costs of providing
prescription drugs and pharmaceutical services to persons with disabilities.

Existing law establishes a program to provide
subsidies for senior citizens and persons with disabilities for the cost of
prescription drugs and pharmaceutical services and, for senior citizens, other
benefits, including, without limitation, dental and vision benefits. (NRS
439.635-439.690, 439.705-439.795) Sections 4 and 5 of this bill
specifically add, to the extent money is available, hearing aids and other
hearing devices to the list of benefits available for both senior citizens and
persons with disabilities pursuant to these programs. Sections 4 and 6
also make persons with disabilities
eligible for the same additional benefits for which senior citizens are
currently eligible under existing law, including, without limitation, dental
and vision benefits.

disabilities eligible for the same additional benefits
for which senior citizens are currently eligible under existing law, including,
without limitation, dental and vision benefits. This bill also allows certain
veterans to receive such benefits if they qualify as a senior citizen or person
with a disability.

The Grants Management Advisory Committee provides
assistance to the Department in the allocation and administration of certain
grants administered by the Department. (NRS 232.383, 232.385) Section 9
of this bill increases the membership of the Advisory Committee.

Section 11 of this bill repeals the Task
Force for the Fund for a Healthy Nevada.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
439 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
Department may, to the extent that money is available, administer a program
pursuant to 42 U.S.C. §§ 300ff-21 et seq. to provide therapeutics to treat
certain persons who have been diagnosed with the human immunodeficiency virus
or acquired immunodeficiency syndrome and to prevent the serious deterioration
of the health of such persons. The program may include the provision of
subsidies and pharmaceutical services.

2. The
Director shall:

(a) Establish
the criteria for eligibility for participation in the program administered
pursuant to this section, which must be in accordance with the provisions of 42
U.S.C. §§ 300ff-21 et seq.; and

(b) Prescribe
the manner in which the program will be administered and services will be
provided.

3. The
Department may use any other program administered by the Department to
facilitate the provision of subsidies and services pursuant to this section,
including, without limitation, the provision of subsidies for pharmaceutical services
to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. If
the Department uses another program to facilitate the provision of subsidies
and services pursuant to this section, the Department shall not commingle the
money available to carry out the provisions of this section and the money
available to carry out the other program.

4. Money
available to carry out the provisions of this section must be accounted for
separately by the Department.

Sec. 2. NRS 439.600 is hereby
amended to read as follows:

439.600 1. The Legislature hereby declares that its
priorities in expending the proceeds to the State of Nevada from settlement
agreements with and civil actions against manufacturers of tobacco products
are:

(a) To increase the number of Nevada students who
attend and graduate from Nevada institutions of higher education; and

(b) To assist Nevada residents in obtaining and
maintaining good health.

2. To further these priorities, the Legislature
hereby declares that it is in the best interest of the residents of this State
that all money received by the State of Nevada pursuant to any settlement
entered into by the State of Nevada and a manufacturer of tobacco products and
all money recovered by the State of Nevada from a judgment in a civil action
against a manufacturer of tobacco products be dedicated solely toward the
achievement of the following goals:

(a) Increasing the number of Nevada residents who
enroll in and attend a university, college or community college in the State of
Nevada;

(b) Reducing and preventing the use of tobacco
products, alcohol and illegal drugs, especially by children;

(c) Expanding the availability of health insurance and
health care for children and adults in this State, especially for children and
for adults with disabilities;

(d) Assisting senior citizens and persons with disabilities who have modest
incomes in purchasing prescription drugs, pharmaceutical services and, to the
extent money is available, other services, including, without limitation,
dental and vision services ,and hearing aids or other devices
that enhance the ability to hear, and assisting those senior
citizens and persons with
disabilities in meeting their needs related to health care, home
care, respite care and their ability to live independent of institutional care;
and

(e) Promoting the general health of all residents of
the State of Nevada.

Sec. 3. NRS 439.620 is hereby amended
to read as follows:

439.620 1. The Fund for a Healthy Nevada is hereby
created in the State Treasury. The State Treasurer shall deposit in the Fund:

(a) Fifty percent of all money received by this State
pursuant to any settlement entered into by the State of Nevada and a
manufacturer of tobacco products; and

(b) Fifty percent of all money recovered by this State
from a judgment in a civil action against a manufacturer of tobacco products.

2. The State Treasurer shall administer the Fund. As
administrator of the Fund, the State Treasurer:

(a) Shall maintain the financial records of the Fund;

(b) Shall invest the money in the Fund as the money in
other state funds is invested;

(c) Shall manage any account associated with the Fund;

(d) Shall maintain any instruments that evidence
investments made with the money in the Fund;

(e) May contract with vendors for any good or service
that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to
administer the Fund.

3. The interest and income earned on the money in the
Fund must, after deducting any applicable charges, be credited to the Fund. All
claims against the Fund must be paid as other claims against the State are
paid.

4. [Upon receiving a request from the]The State Treasurer or the
Department may submit to the
Interim Finance Committee a request for an allocation for
administrative expenses from the Fund pursuant to this section . [, the Task Force for the
Fund for a Healthy Nevada shall consider the request within 45 days after
receipt of the request. If the Task Force approves the amount requested for
allocation, the Task Force shall notify the State Treasurer of the allocation.
If the Task Force does not approve the requested allocation within 45 days
after receipt of the request, the State Treasurer or the Department, as
applicable, may submit its request for allocation to the Interim Finance
Committee.]Except
as otherwise limited by this subsection, the Interim Finance Committee may
allocate all or part of the money so requested. The annual allocation for
administrative expenses from the Fund[, whether allocated by
the Task Force or the Interim Finance Committee must not exceed:] must:

(a) Not [more than]exceed 2 percent of the
money in the Fund, as calculated pursuant to this subsection, each year to pay
the costs incurred by the State Treasurer to administer the Fund; and

(b) Not [more than]exceed [2.025]5 percent of the
money in the Fund, as calculated pursuant to this subsection, each year to pay
the costs incurred by the Department, including, without limitation, the Aging
Services Division of the Department, to carry out its duties set forth in NRS [439.625
and] 439.630
, [;

(c) Notmore than1.5 percent of the money in the Fund, as calculated
pursuant to this subsection, each year to pay the costs incurred by the
Department] to administer the provisions of NRS 439.635 to
439.690, inclusive[;], and

[(d) Notmore than0.125 percent of the money in
the Fund, as calculated pursuant to this subsection, each year to pay the costs
incurred by the Department to administer the provisions of]
NRS 439.705 to 439.795, inclusive.

Κ For the
purposes of this subsection, the amount of money available for allocation to
pay for the administrative costs must be calculated at the beginning of each
fiscal year based on the total amount of money anticipated by the State
Treasurer to be deposited in the Fund during that fiscal year.

5. The money in the Fund remains in the Fund and does
not revert to the State General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the Fund
is hereby appropriated to the Department [and, except as otherwise
provided in paragraphs (c) to (f), inclusive, and (j) of subsection 1 of NRS
439.630,may only be expended pursuant to an]for expenditure or allocation
[made by the Task Force for the Fund for a Healthy Nevada.]in accordance with the provisions
of NRS 439.630. Money expended from the Fund [for a Healthy Nevada]
must not be used to supplant existing methods of funding that are available to
public agencies.

Sec. 4. NRS 439.630 is hereby amended
to read as follows:

439.630 1. The [Task Force for the Fund
for a Healthy Nevada]Department shall:

(a) Conduct , or require the Grants Management Advisory Committee
created by NRS 232.383 to conduct, public hearings to accept
public testimony from a wide variety of sources and perspectives regarding
existing or proposed programs that:

(4) Reduce or prevent the abuse of and
addiction to alcohol and drugs; and

(5) Offer other general or specific information
on health care in this State.

(b) Establish a process to evaluate the health and
health needs of the residents of this State and a system to rank the health
problems of the residents of this State, including, without limitation, the
specific health problems that are endemic to urban and rural communities[.] , and report the results of the evaluation
to the Legislative Committee on Health Care on an annual basis.

(c) [Reserve]Allocate not more than 30 percent of [all]available revenues [deposited
in the Fund for a Healthy Nevada each year] for direct
expenditure by the Department to pay for prescription drugs, pharmaceutical
services and, to the extent money is available, other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that enhance the ability
to hear, for senior citizens pursuant to NRS 439.635 to 439.690,
inclusive. From the money [reservedto the Department]allocated pursuant to this
paragraph, the Department may subsidize any portion of the cost of providing
prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other
devices that enhance the ability to hear, to senior citizens
pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider
recommendations from the [Task Force for the Fund for a Healthy Nevada] Grants Management Advisory Committee in
carrying out the provisions of NRS 439.635 to 439.690, inclusive. The
Department shall submit a quarterly report to the Governor, [the
Task Forcefor the Fund for a Healthy Nevadaand]
the Interim Finance Committee ,
the Legislative Committee on Health Care and any other committees or
commissions the Director deems appropriate regarding the general
manner in which expenditures have been made pursuant to this paragraph .[and the status of the
program.]

(d) [Reserve]Allocate, by contract or grant, for expenditure not
more than 30 percent [minus$350,000of all]of available revenues [deposited
in the Fundfor a Healthy Nevadaeach year]
for allocation by the Aging Services Division of the Department in the form of
grants for existing or new programs that assist senior citizens with
independent living, including, without limitation, programs that provide:

(1) Respite care or relief of [family]informal caretakers;

(2) Transportation to new or existing services
to assist senior citizens in living independently; and

(3) Care in the home which allows senior
citizens to remain at home instead of in institutional care.

Κ The Aging
Services Division of the Department shall consider recommendations from the [Task
Force for the Fund for a Healthy Nevada] Grants Management Advisory Committee concerning
the independent living needs of senior citizens.

(e) [Reserve not more than]Allocate $200,000 of all
revenues deposited in the Fund [for a Healthy Nevada] each year for [allocation]direct expenditure by
the Director to:

(1) Provide guaranteed funding to finance
assisted living facilities that satisfy the criteria for certification set
forth in NRS 319.147; and

(2) Fund assisted living facilities that
satisfy the criteria for certification set forth in NRS 319.147 and assisted
living supportive services that are provided pursuant to the provisions of the
home and community-based services waiver which are amended pursuant to NRS
422.2708.

Κ The
Director shall develop policies and procedures for [allocating money which is
reserved]distributing
the money allocated pursuant to this paragraph. Money allocated pursuant to this
paragraph does not revert to the Fund at the end of the fiscal year.

(f) [Reserve $150,000 of all revenues deposited in the Fund for a
Healthy Nevada each year, if available, for allocation by the Aging Services
Division of the Department in the form of contracts or grants for existing or new programs that provide dental benefits to persons who are
domiciled in this State and are 62 years of age or older:

new programs
that provide dental benefits to persons who are domiciled in this State and are
62 years of age or older:

(1)
Who satisfy the residency requirement set forth in subsection 2 of NRS 439.665;
and

(2)
Whose incomes are not over the amounts set forth in subsection 2 of NRS
439.665, as adjusted pursuant to the provisions of that section.

(g)]
Allocate, by contract or grant, for expenditure not more than [20] 15 percent of [all]available revenues [deposited
in the Fundfor a Healthy Nevadaeach year]
for programs that prevent, reduce or treat the use of tobacco and the
consequences of the use of tobacco.

[(h)] (g) Allocate, by contract or grant, for
expenditure not more than 10 percent of [all]available revenues [deposited
in the Fundfor a Healthy Nevadaeach year]
for programs that improve health services for children.

[(i)] (h) Allocate, by contract or grant, for
expenditure not more than [7.5]10 percent of [all]available revenues [deposited
in the Fund for a Healthy Nevada each year] for programs
that improve the health and well-being of persons with disabilities. In making
allocations pursuant to this paragraph, the [Task Force]Department shall, to
the extent practicable, allocate the money evenly among the following three
types of programs:

(2) Programs that provide positive behavioral
supports to persons with disabilities; and

(3) Programs that assist persons with
disabilities to live safely and independently in their communities outside of
an institutional setting.

[(j) Reserve]

(i) Allocate
not more than [2.5]5 percent of [all]available revenues [deposited
in the Fund for a Healthy Nevada each year] for direct
expenditure by the Department to subsidize any portion of the cost of providing
prescription drugs ,[and] pharmaceutical services and, to the extent money is available,
other benefits, including, without limitation, dental and vision benefits and
hearing aids or other devices that enhance the ability to hear, to
persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The
Department shall consider recommendations from the [Task Force for the Fund
for a Healthy Nevada] Grants Management Advisory Committee in
carrying out the provisions of NRS 439.705 to 439.795, inclusive.

[(l)](k) Ensure that any money expended from the
Fund [for a Healthy Nevada] will not be used
to supplant existing methods of funding that are available to public agencies.

[(m)](l) Develop policies and procedures for the
administration and distribution of contracts, grants and other expenditures to
state agencies, political subdivisions of this State, nonprofit organizations,
universities, state colleges and community colleges. A condition of any such
contract or grant must be that not more than 8 percent of the contract or grant
may be used for administrative expenses or other indirect costs. The procedures
must require at least one competitive round of requests for proposals per
biennium.

(4)
Conduct annual evaluations of programs to which allocations have
been awarded; and

[(4)] (5) Submit annual reports concerning the
programs to the Governor , [and]
the Interim Finance Committee[.] , the Legislative Committee on Health
Care and any other committees or commissions the Director deems appropriate.

[(o)](n) Transmit a report of all findings,
recommendations and expenditures to the Governor ,[and]
each regular session of the Legislature[.] , the Legislative Committee on Health
Care and any other committees or commissions the Director deems appropriate.

2. The [Task Force]Department may take such
other actions as are necessary to carry out its duties.

3. [The Department shall take all actions necessary to ensure
that all allocations for expenditures made by the Task Force are carried out as
directed by the Task Force.

4. ]
To make the allocations required by [paragraphs (d) and (f)] paragraph (d) of
subsection 1, the Aging Services Division of the Department shall:

(a) Prioritize and quantify the needs of senior
citizens for these programs;

(b) Develop, solicit and accept grant applications for
allocations;

(c) As appropriate, expand or augment existing state
programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants, contracts or other allocations;

(e) Conduct annual evaluations of programs to which
grants or other allocations have been awarded; and

(f) Submit annual reports concerning the allocations
made by the Aging Services Division pursuant to [paragraphs]paragraph(d)
[and (f)] of subsection 1 to the Governor
, [and]
the Interim Finance Committee[.] , the Legislative Committee on Health
Care and any other committees or commissions the Director deems appropriate.

[5.] 4. The Aging Services Division of the
Department shall submit each proposed grant or contract which would be used to
expand or augment an existing state program to the Interim Finance Committee
for approval before the grant or contract is awarded. The request for approval
must include a description of the proposed use of the money and the person or
entity that would be authorized to expend the money. The Aging Services
Division of the Department shall not expend or transfer any money allocated to
the Aging Services Division pursuant to this section to subsidize any portion
of the cost of providing prescription drugs , [and]
pharmaceutical services and other
benefits, including, without limitation, dental and vision benefits and hearing
aids or other devices that enhance the ability to hear,to
senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize
any portion of the cost of providing prescription drugs , [and]
pharmaceutical services and other
benefits, including, without limitation, dental and vision benefits and hearing
aids or other devices that enhance the ability to hear, to
persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

[6. The Department, on behalf of the Task Force, shall submit
each allocation proposed pursuant to paragraph (g), (h) or (i) of subsection 1
which would be used to expand or augment an existing state program to the
Interim Finance Committee for approval before the contract or grant is awarded.
The request for approval must include a description of the proposed use of the
money and the person or entity that would be authorized to expend the money.]

5. A
veteran may receive benefits or other services which are available from the
money allocated pursuant to this section for senior citizens or persons with
disabilities to the extent that the veteran does not receive other benefits or
services provided to veterans for the same purpose if the veteran qualifies for
the benefits or services as a senior citizen or a person with a disability, or
both.

6. As
used in this section, available revenues means the total revenues deposited
in the Fund for a Healthy Nevada each year minus $200,000.

Sec. 5. NRS 439.665 is hereby amended
to read as follows:

439.665 1. The Department may:

(a) Enter into contracts with private insurers who
transact health insurance in this State to subsidize the cost of prescription
drugs, pharmaceutical services and, to the extent money is available, other
benefits, including, without limitation, dental and vision benefits[,]and hearing aids or other devices that
enhance the ability to hear, for senior citizens by arranging for
the availability, at a reasonable cost, of policies of health insurance that
provide coverage to senior citizens for prescription drugs, pharmaceutical
services and, to the extent money is available, other benefits, including,
without limitation, dental and vision benefits[;]and hearing aids or other devices that
enhance the ability to hear; or

(b) Subsidize the cost of prescription drugs,
pharmaceutical services and, to the extent money is available, other benefits,
including, without limitation, dental and vision benefits[,]and hearing aids or other devices that
enhance the ability to hear, for senior citizens in any other
manner.

2. Within the limits of the money available for this
purpose in the Fund for a Healthy Nevada, a senior citizen who is not eligible
for Medicaid and who is eligible for a subsidy that is made available pursuant
to subsection 1 is entitled to an annual grant from the Fund to subsidize the
cost of prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits[,]and hearing aids or other devices
that enhance the ability to hear, if he has been domiciled in
this State for at least 1 year immediately preceding the date of his
application and[:] except as otherwise provided in
subsection 5:

(a) If the senior citizen is single, his income is not
over $21,500; or

(b) If the senior citizen is married, his household
income is not over $28,660.

Κ The
monetary amounts set forth in this subsection must be adjusted for each fiscal
year by adding to each amount the product of the amount shown multiplied by the
percentage increase in the Consumer Price Index from December 2002 to the
December preceding the fiscal year for which the adjustment is calculated.

3. The subsidy granted pursuant to this section must
not exceed the annual cost of prescription drugs, pharmaceutical services and to the extent money is available, other benefits , including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear, provided to the senior citizen.

money is
available, other benefits , including, without limitation, dental and vision benefits
and hearing aids or other devices that enhance the ability to hear,
provided to the senior citizen.

4. A subsidy that is made available pursuant to
subsection 1 must provide for:

(a) A copayment of not more than $10 per prescription
drug or pharmaceutical service that is generic as set forth in the formulary of
the insurer or as set forth by the Department; and

(b) A copayment of not more than $25 per prescription
drug or pharmaceutical service that is preferred as set forth in the formulary
of the insurer or as set forth by the Department.

5. The Department may waive the eligibility
requirement set forth in subsection 2 regarding household income upon written
request of the applicant or enrollee based on one or more of the following
circumstances:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship, when considering the
current financial circumstances of the applicant or enrollee.

Κ An
applicant or enrollee who requests such a waiver shall include with that
request all medical and financial documents that support his request.

6. If the Federal Government provides any coverage
for:

(a) Prescription drugs and pharmaceutical services; or

(b) Other benefits, including, without limitation, dental
or vision benefits[,] or hearing aids or other devices that
enhance the ability to hear,

Κ for senior
citizens who are eligible for a subsidy pursuant to subsections 1 to 5,
inclusive, the Department may, upon approval of the Legislature, or the Interim
Finance Committee if the Legislature is not in session, change any program
established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise
provide assistance with prescription drugs, pharmaceutical services and, to the
extent money is available, other benefits, including, without limitation,
dental and vision benefits and
hearing aids or other devices that enhance the ability to hear,
for senior citizens within the limits of the money available for this purpose
in the Fund .[for
a Healthy Nevada.]

7. The provisions of subsections 1 to 5, inclusive,
do not apply to the extent that the Department provides assistance with prescription drugs, pharmaceutical
services and other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear, for
senior citizens pursuant to subsection 6.

8. A
veteran may receive assistance with prescription drugs, pharmaceutical services
and other benefits, including, without limitation, dental and vision benefits
and hearing aids or other devices that enhance the ability to hear, pursuant to
this section to the extent that the veteran does not receive other services or
benefits provided to veterans for the same purpose if the veteran qualifies for
the assistance as a senior citizen.

Sec. 6. NRS
439.745 is hereby amended to read as follows:

439.745 1. The Department may:

(a) Enter into contracts with private insurers who
transact health insurance in this State to subsidize the cost of prescription
drugs ,[and]
pharmaceutical services and, to
the extent money is available, other benefits, including, without limitation,
dental and vision benefits and hearing aids or other devices that enhance the
ability to hear, for persons with disabilities by arranging for
the availability, at a reasonable cost, of policies of
health insurance that provide coverage to persons with disabilities for
prescription drugs , [and] pharmaceutical services [;] and, to the extent money
is available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear; or

policies of health insurance that provide coverage to
persons with disabilities for prescription drugs ,[and]
pharmaceutical services[;]and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear; or

(b) Subsidize the cost of prescription drugs ,[and]
pharmaceutical services and, to
the extent money is available, other benefits, including, without limitation,
dental and vision benefits and hearing aids or other devices that enhance the
ability to hear, for persons with disabilities in any other
manner.

2. Within the limits of the money available for this
purpose in the Fund for a Healthy Nevada, a person with a disability who is not
eligible for Medicaid and who is eligible for a subsidy for the cost of
prescription drugs ,[and] pharmaceutical services and other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear that is made available pursuant to
subsection 1 is entitled to an annual grant from the Fund to subsidize the cost
of prescription drugs ,[and] pharmaceutical services[,] and other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear, if he has been domiciled in this
State for at least 1 year immediately preceding the date of his application and[:] except as otherwise provided in
subsection 5:

(a) If the person with a disability is single, his
income is not over $21,500; or

(b) If the person with a disability is married, his
household income is not over $28,660.

Κ The
monetary amounts set forth in this subsection must be adjusted for each fiscal
year by adding to each amount the product of the amount shown multiplied by the
percentage increase in the Consumer Price Index from December 2002 to the
December preceding the fiscal year for which the adjustment is calculated.

3. The subsidy granted pursuant to this section must
not exceed the annual cost of prescription drugs ,[and]
pharmaceutical services and, to
the extent money is available, other benefits, including, without limitation,
dental and vision benefits and hearing aids or other devices that enhance the
ability to hear, provided to the person with a disability.

4. A subsidy that is made available pursuant to
subsection 1 must provide for:

(a) A copayment of not more than $10 per prescription
drug or pharmaceutical service that is generic as set forth in the formulary of
the insurer or as set forth by the Department; and

(b) A copayment of not more than $25 per prescription
drug or pharmaceutical service that is preferred as set forth in the formulary
of the insurer or as set forth by the Department.

5. The Department may waive the eligibility
requirement set forth in subsection 2 regarding household income upon written
request of the applicant or enrollee based on one or more of the following
circumstances:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship, when considering the
current financial circumstances of the applicant or enrollee.

Κ An
applicant or enrollee who requests such a waiver shall include with that
request all medical and financial documents that support his request.

6. If the Federal Government provides any coverage [of
prescription]for:

(a) Prescription
drugs and pharmaceutical services ; or

(b) Other
benefits, including, without limitation, dental or vision benefits or hearing
aids or other devices that enhance the ability to hear,

Κ for persons
with disabilities who are eligible for a subsidy pursuant to subsections 1 to
5, inclusive, the Department may, upon approval of the Legislature, or the
Interim Finance Committee if the Legislature is not in session, change any
program established pursuant to NRS 439.705 to 439.795, inclusive, and
otherwise provide assistance with prescription drugs ,[and]
pharmaceutical services and, to
the extent money is available, other benefits, including, without limitation,
dental and vision benefits and hearing aids or other devices that enhance the
ability to hear, for persons with disabilities within the limits
of the money available for this purpose in the Fund .[for a Healthy Nevada.]

7. The provisions of subsections 1 to 5, inclusive,
do not apply if the Department provides assistance with prescription drugs ,[and]
pharmaceutical services and other
benefits, including, without limitation, dental and vision benefits and hearing
aids or other devices that enhance the ability to hear, for
persons with disabilities pursuant to subsection 6.

8. A
veteran may receive assistance with prescription drugs, pharmaceutical services
and other benefits, including, without limitation, dental and vision benefits
and hearing aids or other devices that enhance the ability to hear, pursuant to
this section to the extent that the veteran does not receive other services or
benefits provided to veterans for the same purpose if the veteran qualifies for
the assistance as a person with a disability.

Secs. 7 and 8. (Deleted by amendment.)

Sec. 9. NRS 232.383 is hereby amended
to read as follows:

232.383 1. The Grants Management Advisory Committee
is hereby created within the Department.

2. The Advisory Committee consists of the following [11] 15 members appointed by
the Director:

(a) A superintendent of a county school district[;] or his designee;

(b) A director of a local agency [providing]which provides services
for abused or neglected children[;]

[(c) A representative of a community organization involved
with], or
his designee;

(c) A
member who possesses knowledge, skill and experience in the provision of
services to children;

(d) A representative of a department of juvenile
justice services;

(e) A member who possesses knowledge, skill and
experience in the provision of services to senior citizens;

(f) Two members who possess knowledge, skill and
experience in finance or in business generally;

(g) A representative of the Nevada Association of
Counties;

(h) [A representative of a broad-based nonprofit organization]A member who
possesses knowledge, skill and experience in [collaborating with the
community and in] building partnerships between the public
sector and the private sector; [and]

(i) Two members of the public who possess knowledge of
or experience in the provision of services to persons or families who are
disadvantaged or at risk[.] ;

(j) A
member who possesses knowledge, skill and experience in the provision of
services to persons with disabilities;

(k) A
member who possesses knowledge, skill and experience in the provision of
services relating to the cessation of the use of tobacco;

(l) A
member who possesses knowledge, skill and experience in the provision of health
services to children; and

(m) A
representative who is a member of the Nevada Commission on Aging, created by
NRS 427A.032, who must not be a Legislator.

3. An
entity who employs a member of the Advisory Committee is not eligible to
receive a grant. This subsection does not prohibit an entity that serves solely
as the fiscal agent for a recipient of a grant from employing a member of the
Advisory Committee.

[3.] 4. The Director shall ensure that, insofar
as practicable, the members whom he appoints reflect the ethnic and
geographical diversity of this State.

[4.] 5. After the initial terms, each member of
the Advisory Committee serves for a term of 2 years. Each member of the
Advisory Committee continues in office until his successor is appointed.

[5.] 6. Each member of the Advisory Committee who
is not an officer or employee of this State or a political subdivision of this
State is entitled to receive a salary of not more than $80 per day, fixed by
the Director, while engaged in the business of the Advisory Committee.

[6.] 7. While engaged in the business of the
Advisory Committee, each member of the Advisory Committee is entitled to
receive the per diem allowance and travel expenses provided for state officers
and employees generally.

[7.] 8. A majority of the members of the Advisory
Committee constitutes a quorum for the transaction of business, and a majority
of a quorum present at any meeting is sufficient for any official action taken
by the Advisory Committee.

[8.] 9. A member of the Advisory Committee who is
an officer or employee of this State or a political subdivision of this State
must be relieved from his duties without loss of his regular compensation so
that he may prepare for and attend meetings of the Advisory Committee and
perform any work necessary to carry out the duties of the Advisory Committee in
the most timely manner practicable. A state agency or political subdivision of
this State shall not require an officer or employee who is a member of the
Advisory Committee to:

(a) Make up the time he is absent from work to carry
out his duties as a member of the Advisory Committee; or

(b) Take annual leave or compensatory time for the
absence.

[9.] 10. The Advisory Committee shall:

(a) At its first meeting and annually thereafter, elect
a Chairman from among its members;

(b) Meet at the call of the Director, the Chairman or
a majority of its members as necessary, within the budget of the Advisory
Committee, but not to exceed six meetings per year; and

1. Review all requests received by the Department for
awards of money from agencies of the State or its political subdivisions and
nonprofit community organizations or educational institutions which provide or
will provide services to persons served by the programs administered by the
Department;

2. Submit recommendations to the Director concerning
each request for an award of money that the Advisory Committee believes should
be granted, including, without limitation, the name of the agency, nonprofit
community organization or educational institution that submitted the request;

3. Adopt policies setting forth criteria to determine
which agencies, organizations and institutions to recommend for an award of
money;

4. Monitor awards of money granted by the Department
to agencies of the State or its political subdivisions, and nonprofit community
organizations or educational institutions which provide or will provide
services to persons served by the programs administered by the Department[;] , including, without limitation, awards
of money granted pursuant to NRS 439.630;

5. Assist the staff of the Department in determining
the needs of local communities and in setting priorities for funding programs administered
by the Department; and

6. Consider funding strategies for the Department,
including, without limitation, seeking ways to avoid unnecessary duplication of
the services for which awards of money to agencies of the State or its
political subdivisions and nonprofit community organizations or educational
institutions are granted, and make recommendations concerning funding
strategies to the Director.

Sec. 11. NRS 439.625 is hereby
repealed.

Sec. 12. Any money allocated or reserved for
direct expenditure pursuant to paragraph (f) of subsection 1 of NRS 439.630 on
or before June 30, 2007, that is unspent and returned must be allocated, on and
after July 1, 2007, in accordance with the amendatory provisions of paragraph
(c) of subsection 1 of NRS 439.630.

Sec. 13. 1. The term of the member of the
Grants Management Advisory Committee who is a representative of a:

(a) Broad-based nonprofit organization who possesses
knowledge, skill and experience in collaborating with the community and in
building partnerships between the public sector and the private sector expires
on June 30, 2007.

(b) Community organization involved with children
expires on June 30, 2007.

2. The Director of the Department of Health and Human
Services shall appoint one member to the Grants Management Advisory Committee
pursuant to NRS 232.383, as amended by section 9 of this act, who:

(a) Possesses knowledge, skill and experience in the
provision of services to persons with disabilities whose term begins on July 1,
2007, and expires on June 30, 2008.

(b) Possesses knowledge, skill and experience in the
provision of services relating to the cessation of the use of tobacco whose
term begins on July 1, 2007, and expires on June 30, 2009.

(c) Possesses knowledge, skill and experience in the
provision of health services to children whose term begins on July 1, 2007, and
expires on June 30, 2009.

(d) Is a member of the Nevada Commission on Aging
whose term begins on July 1, 2007, and expires on June 30, 2008.

(e) Possesses knowledge, skill and experience in the
provision of services to children begins on July 1, 2007, and expires on June
30, 2008.

(f) Possesses knowledge, skill and experience in
building partnerships between the public sector and the private sector begins
on July 1, 2007, and expires on June 30, 2009.

Sec. 14. The Legislative Committee on Health
Care shall examine and review the allocations of money from the Fund for a
Healthy Nevada pursuant to NRS 439.630 to determine whether the allocations
reflect the needs of this State and the residents of this State. The
examination and review must consider whether the money allocated for programs
that prevent, reduce or treat the use of tobacco and the consequences of the
use of tobacco should be reduced and determine whether such money should be
allocated directly to the Health Division of the Department of Health and Human
Services and the district boards of health in counties whose population is
50,000 or more.

Sec. 15. Notwithstanding the provisions of
this act, an award of money granted by the Task Force for the Fund for a
Healthy Nevada pursuant to NRS 439.630 on or before June 30, 2007, remains in
effect and the Grants Management Advisory Committee shall monitor the award of
money pursuant to NRS 232.385.

Sec. 16. This act becomes effective on July 1,
2007.

________

κ2007 Statutes
of Nevada, Page 2349κ

CHAPTER 447, AB 146

Assembly
Bill No. 146Committee on Health and Human Services

CHAPTER 447

AN ACT relating to health care; requiring the Department of Health and
Human Services to establish programs to increase public awareness of health
care information concerning the hospitals and surgical centers for ambulatory
patients in this State; requiring the Department to establish and maintain an
Internet website which provides certain information concerning the charges
imposed and the quality of health care provided by those hospitals and centers;
requiring those hospitals and centers to submit certain information to the
Department for the programs; requiring the Department to make certain
determinations before performing certain duties; and providing other matters
properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Existing law
provides for the planning for health care in this State, including the
promotion of equal access to quality health care at a reasonable cost. (Chapter
439A of NRS) Sections 3 and 4.3 of this bill require the Department of
Health and Human Services to establish programs to increase public awareness of
health care information concerning the hospitals and surgical centers for ambulatory
patients in this State. The programs must include the provision of information
concerning the charges imposed and the quality of services provided by those
hospitals and centers. Sections 4 and 4.7 of this bill require the
Department to adopt regulations pertaining to the programs and require the
hospitals and centers to submit the information for the programs. Section 5
of this bill requires the Department to collect and maintain that information. Section
6 of this bill requires the Department to establish and maintain an
Internet website which provides information to the general public concerning
the charges imposed and the quality of services provided by the hospitals and
surgical centers for ambulatory patients in this State. Section 6.5 of
this bill authorizes the Department to accept contributions to carry out the
provisions of sections 2-7 of this bill. Section 6.5 also
requires the Department to determine at the beginning of each biennium whether
sufficient money is available to fund one or more components of the programs
and duties of the Department relating to sections 2-7.

Under existing law,
the Director of the Office for Consumer Health Assistance maintains an Internet
website which includes certain information concerning prescription drug
programs and pharmacies. (NRS 223.560) Section 14 of this bill requires
the Director to include on the website a link to the website maintained by the
Department of Health and Human Services to provide information to the general
public concerning the charges imposed and the quality of services provided by
the hospitals and surgical centers for ambulatory patients in this State.

Sections 15 and
16 of this bill specify the dates on which the hospitals and surgical
centers for ambulatory patients are required to commence submitting the
information for the programs. Section 16 also allows the Department to
extend the deadline by which it must post this information on its website if
the Department reports to the Legislative Committee on Health Care that the information
submitted is not ready for posting.

Section 1. Chapter
439A of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 7, inclusive, of this act.

Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 2.3 and
2.9 of this act have the meanings ascribed to them in those sections.

Sec. 2.3. Hospital has the meaning ascribed to it in NRS 449.012.

Sec. 2.7. (Deleted by amendment.)

Sec. 2.9. Surgical center for ambulatory patients has the meaning
ascribed to it in NRS 449.019.

Sec. 3. 1. The Department shall establish and maintain a program to
increase public awareness of health care information concerning the hospitals
in this State. The program must be designed to assist consumers with comparing
the quality of care provided by the hospitals in this State and the charges for
that care.

2. The
program must include, without limitation, the collection, maintenance and
provision of information concerning:

(a) Inpatients
and outpatients of each hospital in this State as reported in the forms
submitted pursuant to NRS 449.485;

(b) The
quality of care provided by each hospital in this State as determined by
applying uniform measures of quality prescribed by the Department pursuant to
section 4 of this act;

(c) How
consistently each hospital follows recognized practices to prevent the
infection of patients, to speed the recovery of patients and to avoid medical
complications of patients;

(d) For
each hospital, the total number of patients discharged, the average length of
stay and the average billed charges, reported for the 50 most frequent
diagnosis-related groups for inpatients and 50 medical treatments for
outpatients that the Department determines are most useful for consumers; and

(e) Any
other information relating to the charges imposed and the quality of the services
provided by the hospitals in this State which the Department determines is:

(1)
Useful to consumers;

(2)
Nationally recognized; and

(3)
Reported in a standard and reliable manner.

3. As
used in this section, diagnosis-related group means groupings of medical
diagnostic categories used as a basis for hospital payment schedules by
Medicare and other third-party health care plans.

Sec. 4. 1. The Department shall, by regulation:

(a) Prescribe
the information that each hospital in this State must submit to the Department
for the program established pursuant to section 3 of this act.

(b) Prescribe
the measures of quality for hospitals that are required pursuant to paragraph
(b) of subsection 2 of section 3 of this act. In adopting the regulations, the
Department shall:

(1)
Use the measures of quality endorsed by the Agency for Healthcare Research and
Quality, the National Quality Forum, Centers for Medicare and Medicaid Services of the United
States Department of Health and Human Services, a quality improvement
organization of the Centers for Medicare
and Medicaid Services and the Joint Commission on Accreditation of Healthcare
Organizations;

Centers for
Medicare and Medicaid Services and the Joint Commissionon Accreditation of Healthcare Organizations;

(2)
Prescribe a reasonable number of measures of quality which must not be unduly
burdensome on the hospitals; and

(3)
Take into consideration the financial burden placed on the hospitals to comply
with the regulations.

Κ The
measures prescribed pursuant to this paragraph must report health outcomes of
hospitals, which do not necessarily correlate with the inpatient
diagnosis-related groups or the outpatient treatments that are posted on the
Internet website pursuant to section 6 of this act.

(c) Require
each hospital to:

(1)
Provide the information prescribed in paragraphs (a) and (b) in the format
required by the Department; and

(2)
Report the information separately for inpatients and outpatients.

2. The
information required pursuant to this section and section 3 of this act must be
submitted to the Department not later than 45 days after the last day of each
calendar month.

3. If a
hospital fails to submit the information required pursuant to this section or
section 3 of this act or submits information that is incomplete or inaccurate,
the Department shall send a notice of such failure to the hospital and to the
Health Division of the Department.

Sec. 4.3. 1. The Department shall establish and maintain a program to
increase public awareness of health care information concerning the surgical
centers for ambulatory patients in this State. The program must be designed to
assist consumers with comparing the quality of care provided by the surgical
centers for ambulatory patients in this State and the charges for that care.

2. The
program must include, without limitation, the collection, maintenance and
provision of information concerning:

(a) The
charges imposed on outpatients by each surgical center for ambulatory patients
in this State as reported in the forms submitted pursuant to section 4.7 of
this act;

(b) The
quality of care provided by each surgical center for ambulatory patients in
this State as determined by applying uniform measures of quality prescribed by
the Department pursuant to section 4.7 of this act;

(c) How
consistently each surgical center for ambulatory patients follows recognized
practices to prevent the infection of patients, to speed the recovery of
patients and to avoid medical complications of patients;

(d) For
each surgical center for ambulatory patients, the total number of patients
discharged and the average billed charges, reported for 50 medical treatments
for outpatients that the Department determines are most useful for consumers;
and

(e) Any other
information relating to the charges imposed and the quality of the services
provided by the surgical centers for ambulatory patients in this State which
the Department determines is:

(a) Prescribe
the information that each surgical center for ambulatory patients in this State
must submit to the Department for the program as set forth in section 4.3 of
this act and the form for submission of such information.

(b) Prescribe
the measures of quality for surgical centers for ambulatory patients that are
required pursuant to paragraph (b) of subsection 2 of section 4.3 of this act.
In adopting the regulations, the Department shall:

(1)
Use measures of quality which are substantially similar to those required
pursuant to subparagraph (1) of paragraph (b) of subsection 1 of section 4 of
this act;

(2)
Prescribe a reasonable number of measures of quality which must not be unduly
burdensome on the surgical centers for ambulatory patients; and

(3)
Take into consideration the financial burden placed on the surgical centers for
ambulatory patients to comply with the regulations.

Κ The
measures prescribed pursuant to this paragraph must report health outcomes of
surgical centers for ambulatory patients, which do not necessarily correlate
with the outpatient treatments posted on the Internet website pursuant to
section 6 of this act.

(c) Require
each surgical center for ambulatory patients to provide the information
prescribed in paragraphs (a) and (b) in the format required by the Department.

(d) Prescribe
which surgical centers for ambulatory patients in this State must participate
in the program established pursuant to section 4.3 of this act.

2. The
information required pursuant to this section and section 4.3 of this act must
be submitted to the Department not later than 45 days after the last day of
each calendar month.

3. If a
surgical center for ambulatory patients fails to submit the information
required pursuant to this section or section 4.3 of this act or submits
information that is incomplete or inaccurate, the Department shall send a
notice of such failure to the surgical center for ambulatory patients and to
the Health Division of the Department.

Sec. 5. 1. The Department shall collect and maintain all
information that it receives from the hospitals and surgical centers for
ambulatory patients in this State pursuant to sections 3 to 4.7, inclusive, of
this act. Upon request, the Department shall make a summary of the information
available to:

(a) Consumers
of health care;

(b) Providers
of health care;

(c) Representatives
of the health insurance industry; and

(d) The
general public.

2. The Department shall ensure that the
information it provides pursuant to this section is aggregated so as not to
reveal the identity of a specific inpatient or outpatient of a hospital or of a
surgical center for ambulatory patients.

Sec. 6. 1. The Department shall establish and maintain an Internet
website that includes the information concerning the charges imposed and the
quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs
established pursuant to sections 3 and 4.3 of this act.

ambulatory
patients in this State as required by the programs established pursuant to
sections 3 and 4.3 of this act. The information must:

(a) Include,
for each hospital in this State, the total number of patients discharged, the
average length of stay and the average billed charges, reported for the 50 most
frequent diagnosis-related groups for inpatients and 50 medical treatments for
outpatients that the Department determines are most useful for consumers;

(b) Include,
for each surgical center for ambulatory patients in this State, the total
number of patients discharged and the average billed charges, reported for 50
medical treatments for outpatients that the Department determines are most
useful for consumers;

(c) Be
presented in a manner that allows a person to view and compare the information
for the hospitals by:

(1)
Geographic location of each hospital;

(2)
Type of medical diagnosis; and

(3)
Type of medical treatment;

(d) Be
presented in a manner that allows a person to view and compare the information
for the surgical centers for ambulatory patients by:

(1)
Geographic location of each surgical center for ambulatory patients;

(2)
Type of medical diagnosis; and

(3)
Type of medical treatment;

(e) Be
presented in a manner that allows a person to view and compare the information
separately for:

(1)
The inpatients and outpatients of each hospital; and

(2)
The outpatients of each surgical center for ambulatory patients;

(f) Be
readily accessible and understandable by a member of the general public; and

(g) Provide any other information relating
to the charges imposed and the quality of the services provided by the
hospitals and surgical centers for ambulatory patients in this State which the
Department determines is:

(1)
Useful to consumers;

(2)
Nationally recognized; and

(3)
Reported in a standard and reliable manner.

2. The
Department shall:

(a) Publicize
the availability of the Internet website;

(b) Update
the information contained on the Internet website at least quarterly;

(c) Ensure
that the information contained on the Internet website is accurate and
reliable;

(d) Ensure that the information contained on
the Internet website is aggregated so as not to reveal the identity of a
specific inpatient or outpatient of a hospital;

(e) Post
a disclaimer on the Internet website indicating that the information contained
on the website is provided to assist with the comparison of hospitals and is
not a guarantee by the Department or its employees as to the charges imposed by
the hospitals in this State or the quality of the services provided by the
hospitals in this State, including, without limitation, an explanation that the
actual amount charged to a person by a particular hospital may not be the same
charge as posted on the website for that hospital;

(f) Provide on the Internet website
established pursuant to this section a link to the Internet website of the
Centers for Medicare and Medicaid Services of the United States Department of
Health and Human Services; and

(g) Upon
request, make the information that is contained on the Internet website
available in printed form.

3. As
used in this section, diagnosis-related group means groupings of medical
diagnostic categories used as a basis for hospital payment schedules by
Medicare and other third-party health care plans.

Sec. 6.5. 1. On or before July 1 of each odd-numbered year, the
Department shall make a determination of whether sufficient money is available
and authorized for expenditure to fund one or more components of the programs and
other duties of the Department relating to sections 2 to 7, inclusive, of this
act.

2. The
Department shall temporarily suspend any components of the program or duties of
the Department for which it determines pursuant to subsection 1 that sufficient
money is not available.

3. The
Department may accept any gift, donation, bequest, grant or other source of
money for the purpose of carrying out the provisions of sections 2 to 7,
inclusive of this act.

Sec. 7. 1. In carrying out the provisions of sections 2 to 7,
inclusive, of this act, the Department:

(a) Shall
work in consultation with a quality improvement organization of the Centers for
Medicare and Medicaid Services of the United States Department of Health and
Human Services; and

(b) May contract with the Nevada System of
Higher Education or any appropriate, independent and qualified person or entity
to analyze the information collected and maintained by the Department pursuant
to sections 2 to 7, inclusive, of this act. Such a contractor may release or
publish or otherwise use information made available to it pursuant to the
contract if the Department determines that the information is accurate and the contractor complies with the regulations adopted
pursuant to subsection 2.

2. The
Department shall adopt regulations for the review and release of information
collected and maintained by the Department pursuant to sections 2 to 7,
inclusive, of this act. The regulations must require, without limitation, the
Department to review each request for information if the request is for
purposes other than research.

3. The
Department shall, on or before July 1 of each year, submit to the Legislative
Committee on Health Care a report concerning each request that is made pursuant
to subsection 2 and the determination of the Department with regard to each
request.

Sec. 8. NRS 439A.020 is hereby amended
to read as follows:

439A.020 The purposes of this chapter are to:

1. Promote equal access to quality health care at a
reasonable cost;

2. Promote an adequate supply and distribution of
health resources;

3. Promote uniform, effective methods of delivering
health care;

4. Promote and encourage the adequate distribution of
health and care facilities and man power;

5. Promote and encourage the effective use of methods
for controlling increases in the cost of health care;

6. Encourage participation in health planning by
members of the several health professions, representatives of institutions and
agencies interested in the provision of health care and the reduction of the
cost of such care, and the general public;

7. Utilize the viewpoint of the general public for
making decisions;

8. Provide
information to the general public concerning the charges imposed and the
quality of the services provided by the hospitals and surgical centers for
ambulatory patients in this State;

9. Encourage
public education regarding proper personal health care and methods for the
effective use of available health services; and

[9.]10. Promote a program of technical assistance
to purchasers to contain effectively the cost of health care, including:

(a) Providing information to purchasers regarding the
charges made by practitioners.

(b) Training purchasers to negotiate successfully for
a policy of health insurance.

(c) Conducting studies and providing other information
about measures to assist purchasers in containing the cost of health care.

Secs. 9 and 10. (Deleted by amendment.)

Sec. 11. NRS 449.485 is hereby amended to read
as follows:

449.485 1. Each hospital in this State shall use for
all patients discharged the form commonly referred to as the UB-82, or a different
form prescribed by the Director with the approval of a majority of the
hospitals licensed in this State, and shall include in the form all information
required by the Department.

2. [The Department shall by regulation:

(a) Specify]Each hospital in this State shall,
on a monthly basis, report to the Department the information
required to be included in the form for each patient . [; and

(b) Require
each hospital to provide specified information from the form to the Department.]

3. Each insurance company or other payer shall accept
the form as the bill for services provided by hospitals in this State.

4. Except as otherwise provided in subsection 5, each
hospital [with 100 or more beds]in this State shall
provide the information required pursuant to [paragraph (b) of]
subsection 2 [on magnetic tape or by other means]in an electronic form specified
by the Department . [,
or shall provide copies of the forms and pay the costs of entering the
information manually from the copies.]

5. The Director may exempt a hospital from the
requirements of subsection 4 if requiring the hospital to comply with the
requirements would cause the hospital financial hardship.

6. The
Department shall use the information submitted pursuant to this section for the
program established pursuant to section 3 of this act to increase public
awareness of health care information concerning the hospitals in this State.

Sec. 12. NRS 449.490 is hereby amended to read
as follows:

449.490 1. Every institution which is subject to the
provisions of NRS 449.450 to 449.530, inclusive, shall file with the Department
the following financial statements or reports in a form and at intervals
specified by the Director but at least annually:

(a) A balance sheet detailing the assets, liabilities
and net worth of the institution for its fiscal year; and

(b) A statement of income and expenses for the fiscal
year.

2. Each hospital with 100 or more beds shall file
with the Department, in a form and at intervals specified by the Director but
at least annually, a capital improvement report which includes, without
limitation, any major service line that the hospital has added or is in the
process of adding since the previous report was filed, any major expansion of
the existing facilities of the hospital that has been completed or is in the
process of being completed since the previous report was filed, and any major
piece of equipment that the hospital has acquired or is in the process of
acquiring since the previous report was filed.

3. In addition to the information required to be
filed pursuant to subsections 1 and 2, each hospital with 100 or more beds
shall file with the Department, in a form and at intervals specified by the
Director but at least annually:

(a) The corporate home office allocation methodology
of the hospital, if any.

(b) The expenses that the hospital has incurred for
providing community benefits and the in-kind services that the hospital has
provided to the community in which it is located. For the purposes of this
paragraph, community benefits includes, without limitation, goods, services
and resources provided by a hospital to a community to address the specific
needs and concerns of that community, services provided by a hospital to the
uninsured and underserved persons in that community, training programs for
employees in a community and health care services provided in areas of a
community that have a critical shortage of such services, for which the
hospital does not receive full reimbursement.

(c) A statement of its policies and procedures for
providing discounted services to, or reducing charges for services provided to,
persons without health insurance that are in addition to any reduction or
discount required to be provided pursuant to NRS 439B.260.

(d) A statement of its policies regarding patients
account receivables, including, without limitation, the manner in which a
hospital collects or makes payment arrangements for patients account
receivables, the factors that initiate collections and the method by which
unpaid account receivables are collected.

4. A complete current charge master must be available
at each hospital during normal business hours for review by the Director, any
payor that has a contract with the hospital to pay for services provided by the
hospital, any payor that has received a bill from the hospital and any state
agency that is authorized to review such information. The complete and current charge master must be made
available to the Department, at the request of the Director, in an electronic
format specified by the Department. The Department may use the electronic copy
of the charge master to review and analyze the data contained in the charge
master and, except as otherwise provided in sections 2 to 7, inclusive, of this
act, shall not release or publish the information contained in the charge
master.

5. The Director shall require the certification of
specified financial reports by an independent certified public accountant and
may require attestations from responsible officers of the institution that the
reports are, to the best of their knowledge and belief,
accurate and complete to the extent that the certifications and attestations
are not required by federal law.

the best of their knowledge and belief, accurate and
complete to the extent that the certifications and attestations are not
required by federal law.

6. The Director shall require the filing of all
reports by specified dates, and may adopt regulations which assess penalties
for failure to file as required, but he shall not require the submission of a
final annual report sooner than 6 months after the close of the fiscal year,
and may grant extensions to institutions which can show that the required
information is not available on the required reporting date.

7. All reports, except privileged medical
information, filed under any provisions of NRS 449.450 to 449.530, inclusive,
are open to public inspection and must be available for examination at the
office of the Department during regular business hours.

Sec. 13. NRS 449.520 is hereby amended
to read as follows:

449.520 1. On or before October 1 of each year, the
Director shall prepare and transmit to the Governor, the Legislative Committee
on Health Care and the Interim Finance Committee a report of the Departments
operations and activities for the preceding fiscal year.

2. The report prepared pursuant to subsection 1 must
include:

(a) Copies of all summaries, compilations and
supplementary reports required by NRS 449.450 to 449.530, inclusive, together
with such facts, suggestions and policy recommendations as the Director deems
necessary;

(b) A summary of the trends of the audits of hospitals
in this State that the Department required or performed during the previous
year;

(c) An analysis of the trends in the costs, expenses
and profits of hospitals in this State;

(d) An analysis of the corporate home office
allocation methodologies of hospitals in this State;

(e) An examination and analysis of the manner in which
hospitals are reporting the information that is required to be filed pursuant
to NRS 449.490, including, without limitation, an examination and analysis of
whether that information is being reported in a standard and consistent manner,
which fairly reflect the operations of each hospital;

(f) A review and comparison of the policies and
procedures used by hospitals in this State to provide discounted services to,
and to reduce charges for services provided to, persons without health
insurance; [and]

(g) A review and comparison of the policies and
procedures used by hospitals in this State to collect unpaid charges for
services provided by the hospitals[.] ; and

(h) A
summary of the status of the programs established pursuant to sections 3 and
4.3 of this act to increase public awareness of health care information
concerning the hospitals and surgical centers for ambulatory patients in this
State, including, without limitation, the information that was posted in the
preceding fiscal year on the Internet website maintained for those programs
pursuant to section 6 of this act.

3. The Legislative Committee on Health Care shall
develop a comprehensive plan concerning the provision of health care in this
State which includes, without limitation:

(a) A review of the health care needs in this State as
identified by state agencies, local governments, providers of health care and
the general public; and

(b) A review of the capital improvement reports
submitted by hospitals pursuant to subsection 2 of NRS 449.490.

1. Respond to written and telephonic inquiries
received from consumers and injured employees regarding concerns and problems
related to health care and workers compensation;

2. Assist consumers and injured employees in
understanding their rights and responsibilities under health care plans and
policies of industrial insurance;

3. Identify and investigate complaints of consumers
and injured employees regarding their health care plans and policies of
industrial insurance and assist those consumers and injured employees to
resolve their complaints, including, without limitation:

(a) Referring consumers and injured employees to the
appropriate agency, department or other entity that is responsible for
addressing the specific complaint of the consumer or injured employee; and

4. Provide information to consumers and injured
employees concerning health care plans and policies of industrial insurance in
this State;

5. Establish and maintain a system to collect and
maintain information pertaining to the written and telephonic inquiries
received by the Office for Consumer Health Assistance;

6. Take such actions as are necessary to ensure
public awareness of the existence and purpose of the services provided by the
Director pursuant to this section;

7. In appropriate cases and pursuant to the direction
of the Governor, refer a complaint or the results of an investigation to the
Attorney General for further action;

8. Provide information to and applications for
prescription drug programs for consumers without insurance coverage for
prescription drugs or pharmaceutical services; and

9. Establish and maintain an Internet website which
includes:

(a) Information concerning purchasing prescription
drugs from Canadian pharmacies that have been recommended by the State Board of
Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; [and]

(b) Links to websites of Canadian pharmacies which
have been recommended by the State Board of Pharmacy for inclusion on the
Internet website pursuant to subsection 4 of NRS 639.2328[.] ; and

(c) A
link to the website established and maintained pursuant to section 6 of this
act which provides information to the general public concerning the charges
imposed and the quality of the services provided by the hospitals and surgical
centers for ambulatory patients in this State.

Sec. 15. 1. Each hospital in this State
shall, for each patient discharged on and after July 1, 2007, submit to the Department of Health and Human Services the information concerning inpatient data
required pursuant to sections 3 and 4 of this act.

2. The Department shall review the data concerning
inpatients submitted by each hospital in this State and, on or before January 1, 2008, begin posting such information on the Internet website established
pursuant to section 6 of this act.

3. Each hospital in this State shall, for each
patient discharged on and after January 1, 2008, begin submitting to the Department the information concerning outpatient data that is required pursuant
to sections 3 and 4 of this act.

4. The Department shall review the data concerning
outpatients submitted by each hospital in this State and, except as otherwise
provided in this subsection, on or before January 1, 2009, begin posting such information on the Internet website established pursuant to section 6 of
this act. The Department shall, on or before December 1, 2008, report to the Legislative Committee on Health Care concerning the activities of the
Department pursuant to this section and sections 3 and 4 of this act,
including, without limitation, a report on whether the information concerning
outpatients submitted pursuant to sections 3 and 4 of this act is ready for
posting on the Internet website established pursuant to section 6 of this act.
If the Department submits to the Legislative Committee on Health Care a report
that such information is not ready for posting on the Internet website, the
Legislative Committee on Health Care may extend the deadline by which the
information must be posted.

Sec. 16. 1. Each surgical center for
ambulatory patients in this State shall, on January 1, 2008, begin submitting to the Department of Health and Human Services the information required by
the Department pursuant to sections 4.3 and 4.7 of this act.

2. The Department shall review the data concerning
outpatients submitted by each surgical center for ambulatory patients in this
State and, on or before December 1, 2008, report to the Legislative Committee on Health Care concerning the activities of the Department pursuant to this
section and sections 4.3 and 4.7 of this act, including, without limitation, a
report on whether the Department is able to adequately and accurately report
the information submitted pursuant to sections 4.3 and 4.7 of this act. If the
Department submits to the Legislative Committee on Health Care a report that
the information collected pursuant to sections 4.3 and 4.7 of this act is not
ready for posting on the Internet website because it is not accurate or is
incomplete, the Legislative Committee on Health Care may extend the deadline by
which the information must be posted pursuant to subsection 3.

3. Except as otherwise provided in subsection 2, the
Department shall, on January 1, 2009, begin posting the information received
pursuant to sections 4.3 and 4.7 of this act on the Internet website
established pursuant to section 6 of this act.

4. As used in this section, surgical center for
ambulatory patients has the meaning ascribed to it in NRS 449.019.

Sec. 17. In addition to any other report
required pursuant to this act or a state law, the Department of Health and
Human Services shall submit to the Legislative Committee on Health Care, on or
before the first day of each month, a report which includes:

1. The status of the collection of data pursuant to
sections 2 to 7, inclusive, of this act;

2. The status of the establishment of an Internet
website pursuant to section 6 of this act;

3. Any regulations adopted pursuant to sections 4 and
4.7 of this act; and

4. Any other information related to carrying out the
provisions of this act.

Sec. 18. 1. The Department of Health and
Human Services shall not send to the Health Division of the Department a notice
required pursuant to subsection 3 of section 4 of this act until:

(a) July 1, 2008, if the notice concerns the
submission of information relating to inpatients of a hospital; and

(b) January 1, 2009, if the notice concerns the
submission of information relating to outpatients of a hospital.

2. The Department of Health and Human Services shall
not send to the Health Division of the Department a notice required pursuant to
subsection 3 of section 4.7 of this act until January 1, 2009, if the notice concerns information submitted by a surgical center for ambulatory patients.

AN ACT
relating to motor vehicles; providing for the inspection and forfeiture of
certain seized vehicles or parts which have altered or missing identification
numbers or marks; prohibiting the disclosure of certain information related to
the investigation of such a vehicle or part; prohibiting a vehicle dealer,
garage owner and certain other businesses from possessing a vehicle or part
which has a missing or altered identification number or mark; revising the
penalty for possessing such a vehicle or part; and providing other matters
properly relating thereto.

[Approved: June 13,
2007]

Legislative Counsels Digest:

Section 7 of this bill prohibits vehicle
dealers, garagemen, automobile wreckers, operators of salvage pools or body
shops or the employees of any such establishment from taking possession of a
motor vehicle or part from a motor vehicle which he knows to have identification
numbers or marks that have been falsely attached, removed, defaced, altered or
obliterated. A person who violates this provision is guilty of a category D
felony.

Section 8 of this bill requires vehicle
dealers, garagemen, automobile wreckers, operators of salvage pools or body
shops, tow car operators and certain other businesses or the employees of any
such establishment who discover during the course of business that a motor
vehicle or part from a motor vehicle has an identification number or mark that
has been falsely attached, removed, defaced, altered or obliterated to notify
law enforcement within 24 hours after discovery and makes failure to notify a
misdemeanor.

Section 9 of this bill prohibits a person
from disclosing in open court or in discoverable documents the confidential
investigative techniques or the location of confidential identifying numbers or
marks used by law enforcement with regard to stolen vehicles or parts.

Section 12 of this bill requires law
enforcement or an employee of the Department of Motor Vehicles to inspect
vehicles or parts from vehicles seized by law enforcement to determine if a
required identification number or mark has been falsely attached, removed,
defaced, altered or obliterated. This section authorizes the forfeiture of the
vehicle if the identification number or mark has been falsely attached,
removed, defaced, altered or obliterated and there is no satisfactory evidence
of ownership of the vehicle or part.

Existing law prohibits a person from knowingly
possessing with the intent to sell, transfer, import or export more than one
motor vehicle or parts from more than one motor vehicle that have an
identification number or mark that is defaced, destroyed or altered. (NRS
482.551) Section 15 of this bill: (1) deletes the intent requirement;
(2) deletes the requirement that there must be more than one motor vehicle; and
(3) changes the penalty from a category D felony to a gross misdemeanor.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
482 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 9, inclusive, of this act.

Sec. 2. As used in NRS 482.544 to 482.554, inclusive, and sections 2
to 9, inclusive, of this act, unless the context otherwise requires, the words
and terms defined in NRS 484.544 and sections 3 to 6, inclusive, of this act
have the meanings ascribed to them in those sections.

Sec. 3. Automobile wrecker means a person who obtains a license
pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.

Sec. 4. Body shop has the meaning ascribed to it in NRS 487.600.

Sec. 5. Garageman has the meaning ascribed to it in NRS 487.545.

Sec. 6. Salvage pool has the meaning ascribed to it in subsection
2 of NRS 487.400.

Sec. 7. A vehicle dealer, employee of a vehicle dealer, garageman,
employee of a garageman, owner or employee of an automobile wrecker, or
operator of a salvage pool or body shop who takes possession of a motor vehicle
or part from a motor vehicle knowing that an identification number or mark has
been falsely attached, removed, defaced, altered or obliterated, unless the
motor vehicle or part has an identification number attached to it which has
been assigned or approved by the Department in lieu of the original
identification number or mark, is guilty of a category D felony and shall be
punished as provided in NRS 193.130.

Sec. 8. 1. A vehicle dealer, garageman, automobile wrecker,
operator of a salvage pool or body shop, tow car operator, any other business
subject to inspection pursuant to NRS 480.610 and the employee of any such
establishment who discovers during the course of business that a motor vehicle
or part from a motor vehicle has an identification number or mark that has been
falsely attached, removed, defaced, altered or obliterated shall notify the
Department or a local law enforcement agency within 24 hours after discovery.

2. A
person who fails to provide notification pursuant to subsection 1 is guilty of
a misdemeanor.

Sec. 9. 1. Except as otherwise provided in this section, a person
shall not disclose during any court proceeding or in any written document produced pursuant to a request for discovery of documents in
any action involving the theft of a motor vehicle or part from a motor vehicle
the identification of any confidential investigative technique or the location
of any confidential identifying number or mark used by a law enforcement agency
or the Department to identify a motor vehicle or part from a motor vehicle.

produced
pursuant to a request for discovery of documents in any action involving the
theft of a motor vehicle or part from a motor vehicle the identification of any
confidential investigative technique or the location of any confidential
identifying number or mark used by a law enforcement agency or the Department
to identify a motor vehicle or part from a motor vehicle.

2. Upon
request of a party to the action, the court may review confidential techniques
and information related to the location of confidential identifying numbers or
marks in camera to determine whether disclosure of such information is
necessary to determine the issue before the court and may make any orders that
justice may require.

Sec. 10. NRS 482.290 is hereby amended
to read as follows:

482.290 1. The Department is authorized to assign a
distinguishing number to any motor vehicle or trailer whenever the vehicle
identification number thereon has been [destroyed]falsely attached, removed,
defaced, altered or obliterated, and any motor vehicle or trailer
to which there is assigned a distinguishing number as authorized in this
section shall be registered under such distinguishing number.

2. The Department shall collect a fee of $2 for the
assignment and recording of each such vehicle identification number and for the
assignment of distinguishing numbers pursuant to NRS 482.553.

3. The number by which a motor vehicle or trailer is
registered shall be permanently stamped or attached to the vehicle. [Willful
defacement, alteration, substitution, or removal]False attachment or willful removal,
defacement, alteration or obliteration of such a number with
intent to defraud [shall be]is a gross misdemeanor.

Sec. 11. NRS 482.3175 is hereby amended
to read as follows:

482.3175 1. The Department may refuse to issue or
suspend or revoke a license as a vehicle transporter upon any of the following
grounds:

(a) Conviction of a felony in the State of Nevada or any other state, territory or nation.

(b) Material misstatement in the application for a
license.

(c) Evidence of unfitness of the applicant or
licensee.

(d) Willful failure to comply with the provisions of
this chapter or the regulations adopted pursuant thereto, or any law relating
to the operation of a motor vehicle.

(e) Failure or refusal to furnish and keep in force
any bond.

(f) Failure of the licensee to maintain any other
license required by any political subdivision of this State.

(g) Knowingly having possession of a stolen motor
vehicle or a motor vehicle with a [defaced, altered or
obliterated] manufacturers identification number or other
distinguishing number or identification mark[.] which has been falsely attached,
removed, defaced, altered or obliterated.

(h) Loaning or permitting the improper use of any
special license plate assigned to him.

2. Any person whose application is denied or license
is suspended or revoked pursuant to this section is entitled to a hearing as
provided in NRS 482.353.

Sec. 12. NRS 482.540 is hereby amended
to read as follows:

482.540 1. Any police officer, without a warrant,
may seize and take possession of any vehicle:

(c) On which any motor number, manufacturers number
or identification mark has been falsely attached, removed, defaced, altered or obliterated; or

(d) Which contains a part on which was placed or
stamped by the manufacturer pursuant to federal law or regulation an
identification number or other distinguishing number or mark that has been
falsely attached, removed,
defaced, altered or obliterated.

2. A law
enforcement agency or an employee of the Department whose primary
responsibility is to conduct investigations involving the theft of motor
vehicles shall inspect any vehicle seized pursuant to paragraph (c) or (d) of
subsection 1 to determine whether the number or mark in question on the vehicle
or part from the vehicle has been falsely attached, removed, defaced, altered
or obliterated and whether any person has presented satisfactory evidence of
ownership of the vehicle. The agency or employee shall prepare a written report
which sets forth the results of the inspection within 30 days after the vehicle
is seized.

3. If
the results of the report conclude that the number or mark in question has been
falsely attached, removed, defaced, altered or obliterated and that there is no
satisfactory evidence of ownership, the court shall declare the vehicle
forfeited and proceed in the manner set forth in NRS 482.542.

4. A
person must not be charged with any criminal act which caused a motor vehicle
to be seized pursuant to paragraph (c) or (d) of subsection 1 until the report
is completed pursuant to subsection 2.

5. As
used in this section, police officer means:

(a) Any peace officer of the Department;

(b) Sheriffs of counties and officers of metropolitan police departments
and their deputies; and

(c) Marshals and policemen of cities and towns.

Sec. 13. NRS 482.544 is hereby amended
to read as follows:

482.544 [As used in NRS 482.544 to
482.554, inclusive, unless the context otherwise requires, identification]Identification number
or mark means:

1. The motor number, other distinguishing number or
identification mark of a vehicle required or employed for purposes of
registration; or

2. The identification number or other distinguishing
number or identification mark of a vehicle or part of a motor vehicle that was
placed or stamped on that vehicle or part by the manufacturer pursuant to
federal law or regulations.

Sec. 14. NRS 482.545 is hereby amended
to read as follows:

482.545 It is unlawful for any person to commit any
of the following acts:

1. To operate, or for the owner thereof knowingly to
permit the operation of, upon a highway any motor vehicle, trailer or
semitrailer which is not registered or which does not have attached thereto and
displayed thereon the number of plate or plates assigned thereto by the
Department for the current period of registration or calendar year, subject to
the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to
482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.

2. To display, cause or permit to be displayed or to
have in possession any certificate of registration, license plate, certificate
of title or other document of title knowing it to be fictitious or to have been
cancelled, revoked, suspended or altered.

3. To lend to , or knowingly permit the use of by , one not entitled
thereto any registration card or plate issued to the person so lending or
permitting the use thereof.

4. To fail or to refuse to surrender to the
Department, upon demand, any registration card or plate which has been
suspended, cancelled or revoked as provided in this chapter.

5. To use a false or fictitious name or address in
any application for the registration of any vehicle or for any renewal or
duplicate thereof, or knowingly to make a false statement or knowingly to
conceal a material fact or otherwise commit a fraud in an application. A
violation of this subsection is a gross misdemeanor.

6. Knowingly to operate a vehicle which:

(a) Has an [altered]
identification number or mark[;
or]which has
been falsely attached, removed, defaced, altered or obliterated; or

(b) Contains a part which has an [altered]
identification number or mark[.]which has been falsely attached,
removed, defaced, altered or obliterated.

Sec. 15. NRS 482.551 is hereby amended
to read as follows:

482.551 1. Except as otherwise provided in [subsections
3 and 4,]subsection
3, a person who knowingly:

(a) Buys with the intent to resell;

(b) Disposes of;

(c) Sells; or

(d) Transfers,

Κ[more
than one]a motor
vehicle or [parts from more than one]part from a motor vehicle
that [have]has an identification number or mark that [is]has been falsely attached,
removed, defaced, [destroyed or] altered or obliterated to
misrepresent the identity or to prevent the identification of the motor [vehicles
or parts of the motor vehicles,]vehicle or part from a motor vehicle is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 10 years, and may be further punished by a fine of not more than
$60,000, or by both fine and imprisonment.

2. Except as otherwise provided in [subsections
3 and 4,]subsection
3 and section 7 of this act, or if a greater penalty is otherwise provided by
law, a person who [knowingly possesseswith the intent to sell, transfer,
import or export more than one]takes possession of a motor vehicle or [parts
from more than one]part from a motor vehicle knowing that [have]
an identification number or mark [thatis]has been falsely attached, removed, defaced,
[destroyed or altered to misrepresent the identity or prevent
the identification of the motor vehicles or parts of the motor vehicles, is
guilty of a category D felony and shall be punished as provided in NRS 193.130,
and may be further punished by a fine of not more than $30,000.

3. The
provisions of this section do not apply to a licensed automobile wrecker or
salvage pool that in the normal, legal course of business and in good faith,
processes a motor vehicle or part of a motor vehicle by crushing, compacting or
using other similar methods to process the motor vehicle or part if:

(a) The
identification number or mark of the motor vehicle or part of the motor vehicle
was not defaced, destroyed or altered before the processing; or

(b) The
motor vehicle or part of the motor vehicle was obtained from a person described
in subsection 4.

4.] altered or obliterated is guilty of a
gross misdemeanor and shall be punished by imprisonment in the county jail for
not more than 1 year, or by a fine of not more than $10,000, or by both fine
and imprisonment.

3. The
provisions of this section do not apply to an owner of or person authorized to
possess a motor vehicle or part of a motor vehicle:

(a) If the motor vehicle or part of the motor vehicle
was recovered by a law enforcement agency after having been stolen; [or]

(b) If the condition of the identification number or
mark of the motor vehicle or part of the motor vehicle is known to, or has been
reported to, a law enforcement agency[.

5. For
the purposes of this section:

(a) Automobile
wrecker means a person who obtains a license pursuant to NRS 487.050 to
dismantle, scrap, process or wreck a vehicle.

(b) Salvage
pool has the meaning ascribed to it in subsection 2 of NRS 487.400.] ; or

(c) If
the motor vehicle or part from the motor vehicle has an identification number
attached to it which has been assigned or approved by the Department in lieu of
the original identification number or mark.

Sec. 16. NRS 482.553 is hereby amended
to read as follows:

482.553 1. A person shall not intentionally remove, deface, [destroy
or] alter or
obliterate the identification number or mark of a vehicle or part
[of]from a motor vehicle without written
authorization from the Department, nor shall any person attach to or place or stamp upon a vehicle or the parts thereof
any serial, motor or other number or mark [upon a vehicle or the
parts thereof] except one assigned thereto by the
Department.

2. This section does not prohibit the restoration by
an owner of the original vehicle identification number or mark when the
restoration is authorized by the Department, nor prevent any manufacturer from
placing in the ordinary course of business numbers or marks upon new motor
vehicles or new parts thereof.

3. The Department shall assign serial numbers to all
homemade vehicles, and the serial numbers must be placed:

(a) If an open trailer, on the left-hand side of the
tongue of the trailer.

(b) If an enclosed vehicle, on the pillar post for the
left-hand door hinge[,]
or , if such
placement is not appropriate, then on the left-hand side of the fire wall,
under the hood.

4. Any person who violates a provision of subsection
1 is guilty of a category D felony and shall be punished as provided in NRS
193.130, and may be further punished by a fine of not more than $25,000.

________

κ2007
Statutes of Nevada, Page 2366κ

CHAPTER 449, SB 266

Senate
Bill No. 266Senator Horsford

Joint
Sponsor: Assemblyman Parks

CHAPTER 449

AN ACT relating to public health; requiring certain prenatal tests for
pregnant women under certain circumstances; requiring certain tests for the
human immunodeficiency virus for pregnant women and newborn children under
certain circumstances; and providing other matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Section 6
of this bill requires a provider of health care to ensure that a woman
receives, as part of the routine prenatal care recommended for all pregnant
women during the first trimester of pregnancy, a test for the human
immunodeficiency virus unless the woman chooses not to be tested. Section 6
requires a provider of health care to ensure that a pregnant woman receives a
test for human immunodeficiency virus during her third trimester if she
receives health care in a jurisdiction with a high prevalence of human
immunodeficiency virus or acquired immunodeficiency syndrome among women of
child-bearing age or in a high-risk clinical setting or if she reports that she
has one or more of the risk factors identified by the Centers for Disease
Control and Prevention, unless the woman chooses not to be tested. Section 6
also requires a provider of health care to ensure that a pregnant woman receives
a rapid test for the human immunodeficiency virus during childbirth if she has
not been tested for the human immunodeficiency virus earlier during her
pregnancy or the results of an earlier test are not available, unless the woman
chooses not to be tested. If a rapid test is administered and the result of the
rapid test is positive, the provider of health care must offer to initiate
antiretroviral prophylaxis as soon as practicable without waiting for the
results of any other test administered to confirm the result of the rapid test.

Section 7 of
this bill requires a provider of health care who attends or assists at the
delivery of a child to ensure that a test for the human immunodeficiency virus
is performed on the child if the mother has not been tested for the human
immunodeficiency virus earlier during her pregnancy or the results of an
earlier test are not available, unless a parent or legal guardian of the child
objects that performance of the test is contrary to the religious beliefs of
the parent or legal guardian.

Section 10
of this bill requires a provider of health care to ensure that, before a woman
or newborn child receives any test set forth in this bill, the woman or the
parent or legal guardian of the newborn child receives a pamphlet containing
information about the human immunodeficiency virus, the test offered pursuant
to this bill, the right to refuse the test and other relevant information.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
442 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 10, inclusive, of this act.

Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 and 4
of this act have the meanings ascribed to them in those sections.

1. Is
used to detect the presence of antibodies to the human immunodeficiency virus;
and

2. Provides
a result in 30 minutes or less.

Sec. 5. 1. Any test for the human immunodeficiency virus, including,
without limitation, a rapid test, that is used to carry out the provisions of
sections 2 to 10, inclusive, of this act must be approved by the United States Food and Drug Administration.

2. Each
test administered to a woman or performed on a child pursuant to the provisions
of sections 2 to 10, inclusive, of this act must be administered or performed
in accordance with:

(a) The
provisions of chapter 652 of NRS and any regulations adopted pursuant thereto;
and

Sec. 6. 1. A provider of health care who provides prenatal care to
a woman during the first trimester of her pregnancy shall ensure that the woman
receives, at her first visit or as soon thereafter as practicable, the routine
prenatal screening tests recommended for all pregnant women by the Centers for
Disease Control and Prevention, including, without limitation, a screening test
for the human immunodeficiency virus, unless the woman chooses not to have a
screening test for the human immunodeficiency virus or any of the other
prenatal screening tests.

2. A
provider of health care who provides prenatal care to a woman during the third
trimester of her pregnancy shall ensure that the woman receives, between the
27th and the 36th week of gestation or as soon thereafter as practicable, a test for the human immunodeficiency virus if she:

(a) Has
not been tested for the human immunodeficiency virus earlier during her pregnancy or the
results of an earlier test are not available; or

(b) Is at
high risk for infection with the human immunodeficiency virus,

Κunless the woman chooses not to have
such a test.

3. A
provider of health care who attends or assists a woman during childbirth shall:

(a) Ensure
that the woman receives a rapid test for the human immunodeficiency virus if
she has not been tested for the human immunodeficiency virus earlier during her pregnancy or the
results of an earlier test are not available, unless
the woman chooses not to have such a test; and

(b) If
the rapid test is administered and the result of the rapid test is positive for
the presence of antibodies to the human immunodeficiency virus, offer to
initiate antiretroviral prophylaxis to reduce the risk of perinatal
transmission of the human immunodeficiency virus as soon as practicable after
receiving the result of the rapid test and without waiting for the results of
any other test administered to confirm the result of the rapid test.

4. For the purposes of this section, a
woman is at high risk for infection with the human immunodeficiency virus if
she:

(a) Receives
health care in:

(1)
A jurisdiction that the Centers for Disease Control and Prevention has
identified as having an elevated incidence of human immunodeficiency virus or
acquired immunodeficiency syndrome among women between the ages of 15 and 45
years; or

(2)
A health care facility that, under the standards of the Centers for Disease
Control and Prevention, is considered a high-risk clinical setting because
prenatal screening has identified at least one pregnant woman who is infected
with the human immunodeficiency virus for each 1,000 pregnant women screened at
the facility; or

(b) Reports
having one or more of the risk factors for infection with the human
immunodeficiency virus identified by the Centers for Disease Control and
Prevention, including, without limitation:

(1)
Engaging in sexual activities with more than one person during the pregnancy
without using effective measures to protect against the transmission of the
human immunodeficiency virus.

(2)
Engaging in sexual activity with another person in exchange for money or other
compensation.

(3)
Engaging in sexual activity with another person who is infected with the human
immunodeficiency virus or who has one or more of the risk factors for infection
with the human immunodeficiency virus identified by the Centers for Disease
Control and Prevention.

(4)
Receiving treatment for a sexually transmitted disease.

(5)
Using a controlled substance or a dangerous
drug.

(6)
Receiving a blood transfusion between 1978 and 1985, inclusive.

5. As used in this section, dangerous drug has the
meaning ascribed to it in NRS 454.201.

Sec. 7. A provider of health care who attends or assists at the
delivery of a child shall, if the mother has not been tested for the human immunodeficiency virus earlier during
her pregnancy or the results of an earlier test are not available, ensure that a rapid test for the human immunodeficiency virus is performed on the child unless a parent or legal guardian
of the child objects to the performance of the test because it is contrary to
the religious beliefs of the parent or legal guardian.

Secs. 8 and 9. (Deleted by amendment.)

Sec. 10. A provider of health care shall ensure that, before a woman
or newborn child receives any test that is used to carry out the provisions of
sections 2 to 10, inclusive, of this act, the woman or the parent or legal
guardian of the newborn child receives a pamphlet of information concerning:

5. If
the pamphlet is for the parent or legal guardian of a newborn child being
tested pursuant to section 7 of this act, the right of the parent or legal
guardian to object to a test of a newborn child because it is contrary to the
religious beliefs of the parent or legal guardian; and

6. Any
other information recommended by the Department or the Centers for Disease
Control and Prevention of the United States Department of Health and Human
Services that the provider of health care determines useful.

________

CHAPTER 450, SB 244

Senate
Bill No. 244Senator Nolan

CHAPTER 450

AN ACT relating to emergency medical services; requiring the State Board
of Health to develop a system of collecting data relating to waiting times at
hospitals; requiring hospitals and providers of emergency medical services in
certain counties to participate in the collection of data; and providing other
matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Existing law
provides that hospitals and providers of emergency medical services are
required to transfer a person who arrives at the hospital by an ambulance, air
ambulance or vehicle of a fire-fighting agency to an appropriate place in the
hospital to receive emergency services and care within 30 minutes after the
time at which the person arrives at the hospital. Existing law also requires
the Health Division of the Department of Health and Human Services to adopt
regulations concerning the manner in which hospitals and providers of emergency
medical care shall track the time elapsed from when a person arrives at the
hospital to the time the person is transferred to an appropriate place to
receive care. (NRS 450B.790) Senate Bill No. 458 of the 2005 Legislative
Session enacted the statutory requirement for tracking wait times and also
required the Health Division to conduct a study to identify both the causes of
excessive waiting times and any corrective actions that might eliminate
excessive waiting times. The provisions requiring the study expired by
limitation on December 31, 2006. (Chapter 382, Statutes of Nevada 2005, pp.
1475-77)

Section 1 of
this bill requires the State Board of Health to develop a system of collecting
data concerning the waiting times. Section 1 also requires hospitals and
providers of emergency medical services in each county whose population is
400,000 or more to collect certain data relating to waiting times. In counties
whose population is 100,000 or more but less than 400,000, the Board may
require the collection of data if there are excessive waiting times at one or
more hospitals in the county. Section 2 of this bill eliminates the
requirement that the Health Division adopt regulations relating to the tracking
of waiting times.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
450B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
State Board of Health shall collect data, in accordance with the system that is
developed by the Board pursuant to subsection 5, concerning the waiting times for the provision of emergency
services and care to each person who is in need of such services and care and
who is transported to a hospital by a provider of emergency medical services.

concerning the
waiting times for the provision of emergency services and care to each person
who is in need of such services and care and who is transported to a hospital
by a provider of emergency medical services.

2. Each
hospital and each provider of emergency medical services in a county whose
population is 400,000 or more shall participate in the collection of data
pursuant to this section by collecting data, in accordance with the system that
is developed by the State Board of Health pursuant to subsection 5, concerning
the waiting times for the provision of emergency services and care to each
person who is in need of such services and care and who is transported to a
hospital by a provider of emergency medical services.

3. Except
as otherwise provided in subsection 4, the hospitals and the providers of
emergency medical services in a county whose population is less than 400,000
are not required to participate in the collection of data pursuant to this
section unless the county health officer, each hospital and each provider of
emergency medical services in the county agree in writing that the county will
participate in the collection of data. The county health officer shall submit
the written agreement to the State Board of Health.

4. If the
State Board of Health determines, in a county whose population is 100,000 or
more but less than 400,000, that there are excessive waiting times at one or
more hospitals in the county for the provision of emergency services and care
to persons who are in need of such services and care and who have been
transported to the hospital by a provider of emergency medical services, the
State Board of Health may require the county to implement a system of
collecting data pursuant to subsection 5 concerning the extent of waiting times
and the circumstances surrounding such waiting times.

5. For
the purpose of collecting data pursuant to this section, the State Board of
Health shall develop a system of collecting data concerning the waiting times
of persons for the provision of emergency services and care at a hospital and
the surrounding circumstances for such waiting times each time a person is
transported to a hospital by a provider of emergency medical services. The
system must include, without limitation, an electronic method of recording and
collecting the following information:

(a) The
time at which a person arrives at the hospital, which is the time that the
person is presented to the emergency room of the hospital;

(b) The
time at which the person is transferred to an appropriate place in the hospital
to receive emergency services and care, which is the time that the person is
physically present in the appropriate place and the staff of the emergency room
of the hospital have received a report concerning the transfer of the person;

(c) If a
person is not transferred to an appropriate place in the hospital to receive
emergency services and care within 30 minutes after arriving at the hospital,
information detailing the reason for such delay, which may be selected from a
predetermined list of possible reasons that are available for selection in the
electronic system;

(d) A
unique identifier that is assigned to each transfer of a person to a hospital
by a provider of emergency medical services which allows the transfer to be
identified and reviewed; and

(e) The
names of the personnel of the provider of emergency medical services who
transported the person to the hospital and of the personnel of the hospital who
are responsible for the care of the person after the person arrives at the
hospital.

6. The
State Board of Health shall ensure that:

(a) The
data collected pursuant to subsection 5 is reported to the Health Division on a
quarterly basis;

(b) The
data collected pursuant to subsection 5 is available to any person or entity
participating in the collection of data pursuant to this section; and

(c) The
system of collecting data developed pursuant to subsection 5 and all other
aspects of the collection comply with the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191.

7. The
State Board of Health shall appoint for each county in which hospitals and
providers of emergency medical services are participating in the collection of
data pursuant to this section an advisory committee consisting of the health
officer of the county, a representative of each hospital in the county and a
representative of each provider of emergency medical services in the county.
Each member of the advisory committee serves without compensation and is not
entitled to receive a per diem allowance or travel expenses for his service on
the advisory committee. Each advisory committee shall:

(a) Meet
not less than once each calendar quarter;

(b) Review
the data that is collected for the county and submitted to the State Board of
Health concerning the waiting times for the provision of emergency services and
care, the manner in which such data was collected and any circumstances
surrounding such waiting times;

(c) Review
each incident in which a person was transferred to an appropriate place in a
hospital to receive emergency services and care more than 30 minutes after arriving
at the hospital; and

(d) Submit
a report of its findings to the State Board of Health.

8. The
State Board of Health may delegate its duties set forth in this section to:

(a) The
district board of health in a county whose population is 400,000 or more.

(b) The
county or district board of health in a county whose population is less than
400,000.

9. The
State Board of Health or any county or district board of health that is
performing the duties of the State Board of Health pursuant to subsection 8
shall submit a quarterly report to the Legislative Committee on Health Care,
which must include a written compilation of the data collected pursuant to this
section.

10. The
State Board of Health may require each hospital and provider of emergency medical
services located in a county that participates in the collection of data
pursuant to this section to share in the expense of purchasing hardware,
software, equipment and other resources necessary to carry out the collection
of data pursuant to this section.

11. The
State Board of Health shall adopt regulations to carry out the provisions of
this section, including, without limitation, regulations prescribing the duties
and responsibilities of each:

(a) County
or district board of health that is performing the duties of the State Board of
Health pursuant to subsection 8;

(b) Hospital
located in a county that participates in the collection of data pursuant to
this section; and

(c) Provider
of emergency medical services located in a county whose population is less than
400,000 that participates in the collection of data pursuant to this section.

12. The
district board of health in each county whose population is 400,000 or more
shall adopt regulations consistent with subsection 11 for providers of
emergency medical services located in the county to carry out the provisions of
this section.

13. The
State Board of Health may, in consultation with each hospital and provider of
emergency medical services located in a county that participates in the
collection of data pursuant to this section, submit a written request to the
Director of the Legislative Counsel Bureau for transmission to a regular
session of the Legislature for the repeal of this section. Such a written
request must include the justifications and reasons for requesting the
termination of the collection of data pursuant to this section.

14. As
used in this section:

(a) Emergency
services and care has the meaning ascribed to it in NRS 439B.410.

(b) Hospital
has the meaning ascribed to it in NRS 449.012.

(c) Provider
of emergency medical services means each operator of an ambulance and each fire-fighting
agency which has a permit to operate pursuant to this chapter and which
provides transportation for persons in need of emergency services and care to
hospitals.

Sec. 2.NRS 450B.790 is hereby
amended to read as follows:

450B.790 1. Each hospital in this State which
receives a person in need of emergency services and care who has been
transported to the hospital by [an ambulance, air ambulance or vehicle of a fire-fighting
agency that has a permit to operate pursuant to this chapter]a provider of emergency medical services shall
ensure that the person is transferred to a bed, chair, gurney or other
appropriate place in the hospital to receive emergency services and care as
soon as practicable, but not later than 30 minutes after the time at which the
person arrives at the hospital.

2. [The Health Division shall adopt
regulations concerning the manner in whichahospital andan attendant responsible for the care of
a person in needof emergency servicesand care during transport to the hospitalshall determine
and track the time at which a person arrives at a hospital and the time at
which the person is transferred to an appropriate place in the hospital to
receive emergency services and care for the purposes of this section. The
regulations must provide that:

(a) The
time at which a person arrives at a hospital is the time at which he is
presented to the emergency room of the hospital; and

(b) The
time at which the person is transferred to an appropriate place in the hospital
to receive emergency services and care is the time at which the person is
physically in that place and the staff of the emergency room of the hospital
have received a report concerning the person.

3.]This section does not
create a duty of care and is not a ground for civil or criminal liability.

[4.]3. As used in this section:

(a) Emergency services and care has the meaning
ascribed to it in NRS 439B.410.

(c) Provider
of emergency medical services means each operator of an ambulance and each
fire-fighting agency which has a permit to operate pursuant to this chapter and
which provides transportation for persons in need of emergency services and
care to hospitals.

Sec. 3. This act becomes effective on July 1,
2007.

________

CHAPTER 451, SB 185

Senate Bill No.
185Committee on Finance

CHAPTER 451

AN ACT relating
to education; revising provisions governing the award of grants from the
Account for Programs for Innovation and the Prevention of Remediation by the
Commission on Educational Excellence; requiring the Commission to report
certain information concerning allocations from the Account; revising
provisions governing the use of money in the Account; and providing other
matters properly relating thereto.

[Approved: June 13,
2007]

Legislative Counsels Digest:

Under existing law, the Commission on Educational
Excellence is required to establish a program of educational excellence for
pupils enrolled in kindergarten through grade 6 in public schools. The
Commission is authorized to allocate grants of money from the Account for
Programs for Innovation and the Prevention of Remediation in the State General
Fund to school districts and public schools for certain programs designed for
the achievement of pupils and for innovative programs. (NRS 385.3781-385.379)

Section 2 of this bill requires the
Commission to establish guidelines for reviewing, evaluating and approving
applications for grants of money from the Account. Section 2 directs
that the guidelines include consideration of the list of priorities of schools
provided to the Commission by the Department of Education and revises the
contents of that list. Section 2 also requires each school district to
provide assistance, upon the request of a public school within the school
district, in the development of an application for a grant. Section 2
provides that the Commission shall not award a grant of money from the Account
for a program of full-day kindergarten. Section 3 of this bill
identifies specific information relating to allocations from the Account that
the Commission is required to include in its annual report on the Account.

Section 4 of this bill places a limitation
on the amount of money that may be expended from the Account each biennium for
expenses incurred by members of the Commission to travel to the school
districts and schools that receive allocations from the Account. Section 4
also authorizes the Commission to spend a maximum amount of money from the
Account each biennium for: (1) the costs incurred by the Commission to hold
meetings and conferences for recipients of allocations from the Account to
discuss or display effective programs, practices and strategies; and (2) an
evaluation of the programs that received allocations from the Account by an
independent consultant.

385.3784 1. The Commission on Educational
Excellence, consisting of nine members is hereby created. The Superintendent of
Public Instruction shall serve as an ex officio voting member of the
Commission. The Governor shall appoint the following members to the Commission:

(a) Three teachers, two of whom have experience in
providing instruction at public elementary schools and who have been successful
in school improvement efforts and one of whom has experience in providing
instruction at secondary schools and who has been successful in school
improvement efforts;

(b) Two principals, one of whom has experience in
administering successful school improvement efforts at an elementary school and
one of whom has experience in administering successful school improvement
efforts at a secondary school;

(c) Two school district administrators, one of whom is
employed by a school district in a county whose population is less than 100,000
and one of whom is employed by a school district in a county whose population
is 100,000 or more; and

(d) One parent or legal guardian of a pupil enrolled
in a public school in this State.
The parent must not be employed by the board of trustees of a school district
or the governing body of a charter school.

Κ One or more
of the members appointed pursuant to this subsection may be retired from
employment, but those retired members that are appointed must have been
employed with a public school in this State in the immediately preceding 5
years.

2. The Governor may solicit recommendations for
appointments pursuant to this section from the Nevada State Education
Association, the Nevada Association of School Administrators, a statewide
organization for parents of pupils, the Statewide Council for the Coordination
of the Regional Training Programs and other organizations and entities related
to education in this State. The Governor may consider the recommendations
submitted and may make appointments from those recommendations. The Governor
shall appoint a Chairman from among the members he appoints.

3. After the initial terms, the term of each
appointed member of the Commission is 2 years, commencing on January 1 of the
year in which he is appointed and expiring on December 31 of the immediately
following year. A member shall continue to serve on the Commission until his
successor is appointed. Upon the expiration of a term of a member, he may be
reappointed if he still possesses any requisite qualifications for appointment.
There is no limit on the number of terms that a member may serve.

4. The Commission shall hold at least four regular
meetings each year and may hold special meetings at the call of the Chairman.

5. Members of the Commission serve without
compensation, except that for each day or portion of a day during which a
member of the Commission attends a meeting of the Commission or is otherwise
engaged in the business of the Commission, he is entitled to receive the per
diem allowance and travel expenses provided for state officers and employees
generally. [The]Except as limited by paragraph (a) of subsection 3 of NRS
385.379, the per diem allowances and travel expenses must be paid
from the Account and accounted for separately in that
Account.

Account and accounted for separately in that Account. In
addition, money in the Account may be used to pay compensation necessary for
the employment of substitute teachers who are hired on those days when a member
of the Commission attends a meeting of the Commission or is otherwise engaged
in the business of the Commission.

6. The Department shall provide:

(a) Administrative support;

(b) Equipment; and

(c) Office space,

Κ as is
necessary for the Commission to carry out its duties.

7. The Legislative Counsel Bureau:

(a) Must be provided with adequate notice of each
meeting of the Commission; and

(b) Shall provide, as requested by the Committee,
technical expertise and assistance to the Commission.

Sec. 2. NRS 385.3785 is hereby amended
to read as follows:

385.3785 1. The Commission shall:

(a) Establish a program of educational excellence
designed exclusively for pupils enrolled in kindergarten through grade 6 in
public schools in this State based upon:

(1) The plan to improve the achievement of
pupils prepared by the State Board pursuant to NRS 385.34691;

(2) The plan to improve the achievement of
pupils prepared by the board of trustees of each school district pursuant to
NRS 385.348;

(3) The plan to improve the achievement of
pupils prepared by the principal of each school pursuant to NRS 385.357, which
may include a program of innovation; and

(4) Any other information that the Commission
considers relevant to the development of the program of educational excellence.

(b) Identify programs, practices and strategies that
have proven effective in improving the academic achievement and proficiency of
pupils.

(c) Develop a concise application and simple
procedures for the submission of applications by [school districts and]
public schools[,]and a consortium of public
schools, including, without limitation, charter schools, for
participation in a program of educational excellence and for grants of money
from the Account. Grants of money must be made for programs designed for the
achievement of pupils that are linked to the plan to improve the achievement of
pupils or for innovative programs, or both. The Commission shall not award a grant of money from the
Account for a program to provide full-day kindergarten. All [school
districts and] public schools[,]and a consortium of public schools, including,
without limitation, charter schools, are eligible to submit such an
application, regardless of whether the [school district or school
has]schools
have made adequate yearly progress or failed to make adequate
yearly progress. A [school district or] public school or a consortium of public schools
selected for participation may be approved by the Commission for participation
for a period not to exceed 2 years, but may reapply.

(d) Prescribe a long-range timeline for the review,
approval and evaluation of applications received from [school districts and]
public schools and consortiums of
public schools that desire to participate in the program.

(e) Establish
guidelines for the review, evaluation and approval of applications for grants
of money from the Account, including, without limitation, consideration of the list of priorities of schools
provided by the Department pursuant to subsection 4.

limitation,
consideration of the list of priorities of schools provided by the Department
pursuant to subsection 4. To ensure consistency in the review, evaluation and
approval of applications, if the guidelines authorize the review and evaluation
of applications by less than the entire membership of the Commission, money
must not be allocated from the Account for a grant until the entire membership
of the Commission has reviewed and approved the application for the grant.

(f) Prescribe
accountability measures to be carried out by a [school district or]
public school that participates in the program if that [school district or]
public school does not meet the annual measurable objectives established by the
State Board pursuant to NRS 385.361, including, without limitation:

(1) The specific levels of achievement expected
of [school districts and] schools that
participate; and

(2) Conditions for [school districts and]
schools that do not meet the grant criteria but desire to continue
participation in the program and receive money from the Account, including,
without limitation, a review of the leadership at the school and
recommendations regarding changes to the appropriate body.

[(f)] (g) Determine the amount of money that is
available from the Account for those [school districts and]
public schools that are selected to participate in the program.

[(g)] (h) Allocate money to [school districts and]
public schools from the Account. Allocations must be distributed not later than
August 15 of each year.

[(h)] (i) Establish criteria for [school
districts and] public schools that participate in the
program and receive an allocation of money from the Account to evaluate the
effectiveness of the allocation in improving the achievement of pupils,
including, without limitation, a detailed analysis of:

(1) The achievement of pupils enrolled at each
school that received money from the allocation based upon measurable criteria
identified in the plan to improve the achievement of pupils for the school
prepared pursuant to NRS 385.357;

(2) [If applicable, the
achievement of pupils enrolled in the school district as a whole, based upon
measurable criteria identified in the plan to improve the achievement of pupils
for the school district prepared pursuant to NRS 385.348;

(3)]
If applicable, the effectiveness of the program of innovation on the
achievement of pupils and the overall effectiveness for pupils and staff;

[(4)](3) The implementation of the applicable plans
for improvement, including, without limitation, an analysis of whether the [school
district or the] school is meeting the measurable
objectives identified in the plan; and

[(5)](4) The attainment of measurable progress on
the annual list of adequate yearly progress of school districts and schools.

2. To the extent money is available, the Commission
shall make allocations of money to [school districts and]
public schools and consortiums of
public schools for effective programs for grades 7 through 12
that are designed to improve the achievement of pupils and effective programs
of innovation for pupils. In making such allocations, the Commission shall
comply with the requirements of subsection 1.

3. If a [school district or]
public school that receives money pursuant to subsection 1 or 2 [does]:

(a) Does not
meet the criteria for effectiveness as prescribed in paragraph [(h)](i) of subsection 1 ;

(b) Does
not, as a result of the program for which the grant of money was awarded, show
improvement in the achievement of pupils, as determined in an evaluation
conducted pursuant to subsection 3 of NRS 385.379; or

(c) Does
not implement the program for which the money was received, as determined in an
evaluation conducted pursuant to subsection 3 of NRS 385.379,

Κ over a
2-year period, the Commission may consider not awarding future allocations of
money to that [school district or] public school[.] or consortium of public schools.

4. On or before July 1 of each year, the Department
shall provide a list of priorities of schools [based upon the]that indicates:

(a) The adequate
yearly progress status of schools in the immediately preceding year ; and

(b) The
schools that are considered Title I eligible by the Department based upon the
poverty level of the pupils enrolled in a school in comparison to the poverty
level of the pupils in the school district as a whole,

Κfor
consideration by the Commission in its development of procedures for the
applications.

5. A
public school, including, without limitation, a charter school, or a consortium
of public schools may request assistance from the school district in which the
school is located in preparing an application for a grant of money pursuant to
this section. A school district shall assist each public school or consortium
of public schools that requests assistance pursuant to this subsection to
ensure that the application of the school:

(a) Is
based directly upon the plan to improve the achievement of pupils prepared for
the school pursuant to NRS 385.357;

(b) Is
developed in accordance with the criteria established by the Commission; and

(c) Is
complete and complies with all technical requirements for the submission of an
application.

Κ A
school district may make recommendations to the individual schools and
consortiums of schools. Such schools and consortiums of schools are not
required to follow the recommendations of a school district.

6. In
carrying out the requirements of this section, the Commission shall review and
consider the programs of remedial study adopted by the Department pursuant to
NRS 385.389, the list of approved providers of supplemental services maintained
by the Department pursuant to NRS 385.384 and the recommendations submitted by
the Committee pursuant to NRS 218.5354 concerning programs, practices and
strategies that have proven effective in improving the academic achievement and
proficiency of pupils.

7. If a
consortium of public schools is formed for the purpose of submitting an
application pursuant to this section, the public schools within the consortium
do not need to be located within the same school district.

385.3787 1. A [school district or]
public school or consortium of
public schools that receives an allocation of money from the
Account shall:

(a) Account for the money separately;

(b) Use the money to supplement and not replace the
money that would otherwise be expended by the school district or public school
for the achievement of pupils in kindergarten through grade 6 or pupils in
grades 7 through 12, as applicable; and

(c) Submit an evaluation of the effectiveness of the
allocation in improving the achievement of pupils in kindergarten through grade
6 or pupils in grades 7 through 12, as applicable, in accordance with the
criteria for evaluation established by the Commission pursuant to NRS 385.3785.

2. A [school district or] public school or consortium of schools that
receives an allocation of money from the Account shall not:

(a) Use the money to settle or arbitrate disputes or
negotiate settlements between an organization that represents licensed
employees of the school district or public school and the school district or
public school, as applicable.

(b) Use the money to adjust the schedules of salaries
and benefits of the employees of the school district or public school, as
applicable.

Sec. 3. NRS 385.3789 is hereby amended
to read as follows:

385.3789 1. The Commission shall prepare an annual
report that describes the distribution of money to the [school districts and]
public schools and consortiums of
public schools and the programs for which money was allocated
from the Account[.], including, without limitation,
the total amount of money allocated:

(a) To
each consortium of public schools, with a designation of which public schools
are included in each consortium;

(b) To
each public school;

(c) To
schools included on the list of priorities of schools provided by the
Department pursuant to NRS 385.3785;

(d) For
programs that provide services directly to pupils for remediation and
innovation, including, without limitation, instruction, instructional materials
and support materials;

(e) For
programs that provide instructional support and have an indirect effect on
pupils, including, without limitation, the provision of professional
development for educational personnel and the employment of administrators; and

(f) For
each program, including, without limitation:

(1)
A description of the program, including, without limitation, whether the
program is available commercially;

(2)
Whether the Commission considers the program to be innovative;

(3)
Whether the program includes the provision of professional development other
than professional development that is related to carrying out a program that
provides services directly to pupils;

(4)
The costs to implement the program; and

(5)
The full-time personnel necessary to implement the program, if any.

ΚThe
report must be submitted on or before September 1 of each year to the entities
identified in subsection 3.

(2) An analysis of the progress of the [school
districts and] public schools in carrying out the plans to
improve the achievement of pupils; and

(3) An analysis of the progress of the [school
district and] public schools that received an allocation
of money from the Account in improving the achievement of pupils.

(b) Submit the report on or before January 31 of each
year to the entities identified in subsection 3.

3. The Commission shall submit the reports required
by this section to the:

(a) State Board;

(b) Governor;

(c) Committee;

(d) Bureau;

(e) Interim Finance Committee; and

(f) Board of trustees of each school district.

4. The
Legislative Auditor shall audit biennially the programs for which schools and
consortiums of schools receive an allocation of money. The audit may include a
representative sample of programs, based upon geographic location and type of
program. The Legislative Auditor shall report the results of each biennial
audit to the entities prescribed in subsection 3.

Sec. 4. NRS 385.379 is hereby amended
to read as follows:

385.379 1. The Account for Programs for Innovation
and the Prevention of Remediation is hereby created in the State General Fund,
to be administered by the Superintendent of Public Instruction. The
Superintendent of Public Instruction may accept gifts and grants of money from
any source for deposit in the Account. Any money from gifts and grants may be
expended in accordance with the terms and conditions of the gift or grant, or
in accordance with subsection 2[.]or 3. The interest
and income earned on the money in the Account must be credited to the Account.
Any money remaining in the Account at the end of a fiscal year does not revert
to the State General Fund, and the balance in the Account must be carried
forward to the next fiscal year.

2. [The]Except as otherwise provided in NRS 385.3784 and subsection
3, the money in the Account may only be used for the allocation
of money to [school districts and] public schools and consortiums of public schools whose
applications are approved by the Commission pursuant to NRS 385.3785.

3. Upon
the request of the Commission:

(a) Not
more than $50,000 in the Account may be used each biennium to pay:

(1)
The expenses incurred by members of the Commission to travel to the public
schools and consortiums of public schools that received allocations of money
from the Account; and

(2)
The costs incurred by the Commission to hold meetings or conferences for
representatives of public schools and consortiums of schools that received
allocations of money from the Account to discuss or display, or both, programs,
practices and strategies that have proven effective in improving the academic
achievement and proficiency of pupils.

(b) Not
more than $450,000 in the Account may be used each biennium to pay for an
evaluation of the programs for which money was allocated from the Account. If
the Commission uses money in the Account for such an evaluation, the Commission
shall ensure that:

(1)
A request for proposals is issued and a qualified, independent consultant is
selected to conduct the evaluation;

(2)
Upon selection of the consultant, the Commission receives approval of the
consultant and the plan for the evaluation from the Committee;

(3)
The evaluation is designed to determine the effectiveness of the programs for
which money was allocated from the Account in improving achievement of pupils;

(4)
The evaluation includes an identification of the programs for which money was
allocated from the Account that did not improve the achievement of pupils as
described in the approved application for the grant;

(5)
The evaluation includes an identification of the public schools and consortiums
of public schools that did not implement the programs for which money was
allocated from the Account as described in the approved application for the
grant; and

(6)
The evaluation includes a compilation and review of each evaluation required to
be submitted by public schools and consortiums of public schools pursuant to
NRS 385.3787.

AN ACT relating to health; creating the Nevada Academy of Health; and
providing other matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

This bill creates
the Nevada Academy of Health and authorizes the Legislative Committee on Health
Care, which is established pursuant to NRS 439B.200, to prescribe certain
duties and make various requests of the Academy. This bill expires by
limitation on June 30, 2009.

Section 1. Chapter
439B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. There
is hereby established the Nevada Academy of Health consisting of 14 members as
follows:

(a) The
Director or his designee;

(b) One
member who represents the Nevada System of Higher Education appointed by the
Board of Regents of the University of Nevada;

(c) Six
members appointed by the Governor;

(d) Two
members appointed by the Majority Leader of the Senate;

(e) Two
members appointed by the Speaker of the Assembly;

(f) One
member appointed by the Minority Leader of the Senate; and

(g) One
member appointed by the Minority Leader of the Assembly.

2. The
members appointed to the Academy pursuant to subsection 1 must not be
legislators and, to the extent practicable, must:

(a) Represent
agencies and organizations that provide education or training for providers of
health care;

(b) Be
advocates for the rights of patients;

(c) Be
recognized academic scholars; or

(d) Be
members of the general public who have specialized knowledge and experience
that are beneficial to the Academy.

3. The
Chairman of the Academy must be elected from among the members of the Academy.

4. Each
member of the Academy who is not an officer or employee of the State serves without
compensation and is not entitled to receive a per diem allowance or travel
expenses.

5. Each
member of the Academy who is an officer or employee of the State must be
relieved from his duties without loss of his regular compensation so that he
may attend meetings of the Committee or the Academy and is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally, which must be paid by the state agency that employs him.

6. A
vacancy occurring in the membership of the Academy must be filled in the same
manner as the original appointment. A member of the Academy may be reappointed.

7. The
Academy shall:

(a) Perform
any duties prescribed by, and comply with all requests from, the Committee;

(b) Study
issues relating to health care in this State, including, without limitation,
medical and clinical research and the education and training of providers of
health care;

(c) Establish
standards and goals concerning the provision of health care which are measurable
and regularly evaluated;

(d) Analyze
and evaluate data relating to health care that is created, collected or
reviewed by the Committee and the Department;

(e) Promote
cooperation between the public and private sectors, including the transfer of
technology used to provide health care and the establishment of business
partnerships that promote economic development in this State;

(f) Provide
recommendations to the Governor and the Legislature concerning the
establishment of a statewide biomedical and health research program;

(g) Provide
to the Committee:

(1)
Such assistance and technical expertise on matters relating to health care as
the Committee may request; and

(2)
Advice and recommendations from consumers of health care; and

(h) Provide
to the Department, at the direction of the Committee:

(1)
Technical expertise in matters relating to health care; and

(2)
Advice and recommendations from consumers of health care.

8. The
Academy may appoint advisory committees if necessary or appropriate to assist
the Academy in carrying out the provisions of this section.

9. The
Academy may accept gifts, grants and donations of money from any source to
carry out the provisions of this section.

Sec. 2. NRS 439B.220 is hereby amended
to read as follows:

439B.220 The Committee may:

1. Review and evaluate the quality and effectiveness
of programs for the prevention of illness.

2. Review and compare the costs of medical care among
communities in Nevada with similar communities in other states.

3. Analyze the overall system of medical care in the
State to determine ways to coordinate the providing of services to all members
of society, avoid the duplication of services and achieve the most efficient
use of all available resources.

4. Examine the business of providing insurance,
including the development of cooperation with health maintenance organizations and
organizations which restrict the performance of medical services to certain
physicians and hospitals, and procedures to contain the costs of these
services.

5. Examine hospitals to:

(a) Increase cooperation among hospitals;

(b) Increase the use of regional medical centers; and

(c) Encourage hospitals to use medical procedures
which do not require the patient to be admitted to the hospital and to use the
resulting extra space in alternative ways.

6. Examine medical malpractice.

7. Examine the system of education to coordinate:

(a) Programs in health education, including those for
the prevention of illness and those which teach the best use of available
medical services; and

(b) The education of those who provide medical care.

8. Review competitive mechanisms to aid in the
reduction of the costs of medical care.

9. Examine the problem of providing and paying for
medical care for indigent and medically indigent persons, including medical
care provided by physicians.

10. Examine the effectiveness of any legislation
enacted to accomplish the purpose of restraining the costs of health care while
ensuring the quality of services, and its effect on the subjects listed in
subsections 1 to 9, inclusive.

11. Determine whether regulation by the State will be
necessary in the future by examining hospitals for evidence of:

(a) Degradation or discontinuation of services
previously offered, including without limitation, neonatal care, pulmonary
services and pathology services; or

(b) A change in the policy of the hospital concerning
contracts,

Κ as a result
of any legislation enacted to accomplish the purpose of restraining the costs
of health care while ensuring the quality of services.

12. Study the effect of the acuity of the care
provided by a hospital upon the revenues of the hospital and upon limitations
upon that revenue.

13. Review the actions of the Director in
administering the provisions of this chapter and adopting regulations pursuant
to those provisions. The Director shall report to the Committee concerning any
regulations proposed or adopted pursuant to this chapter.

14. Identify and evaluate, with the assistance of an
advisory group, the alternatives to institutionalization for providing
long-term care, including, without limitation:

(a) An analysis of the costs of the alternatives to
institutionalization and the costs of institutionalization for persons
receiving long-term care in this State;

(b) A determination of the effects of the various
methods of providing long-term care services on the quality of life of persons
receiving those services in this State;

(c) A determination of the personnel required for each
method of providing long-term care services in this State; and

(d) A determination of the methods for funding the
long-term care services provided to all persons who are receiving or who are
eligible to receive those services in this State.

15. Evaluate, with the assistance of an advisory
group, the feasibility of obtaining a waiver from the Federal Government to
integrate and coordinate acute care services provided through Medicare and
long-term care services provided through Medicaid in this State.

16. Evaluate, with the assistance of an advisory
group, the feasibility of obtaining a waiver from the Federal Government to
eliminate the requirement that elderly persons in this State impoverish
themselves as a condition of receiving assistance for long-term care.

17. Conduct investigations and hold hearings in
connection with its review and analysis.

18. Apply for any available grants and accept any
gifts, grants or donations to aid the Committee in carrying out its duties
pursuant to this chapter.

19. Direct the Legislative Counsel Bureau to assist
in its research, investigations, review and analysis.

20. Recommend to the Legislature as a result of its
review any appropriate legislation.

21. Prescribe
duties and make requests, in addition to those set forth in section 1 of this
act, of the Nevada Academy of Health established pursuant to that section.

Sec. 3. 1. The members of the Nevada Academy
of Health must be appointed to terms that end on June 30, 2009.

2. It is the intent of the members of the 74th
Session of the Legislature that if the expiration of this act on June 30, 2009,
does not occur because of subsequent revisions by the
75th Session of the Legislature, that the terms of the members of the Nevada
Academy of Health be established as 3-year terms.

subsequent revisions by the 75th Session of the Legislature,
that the terms of the members of the Nevada Academy of Health be established as
3-year terms.

Sec. 4. This act becomes effective on July 1,
2007, and expires by limitation on June 30, 2009.

________

CHAPTER 453, SB 166

Senate
Bill No. 166Senator Mathews

CHAPTER 453

AN ACT relating to schools; requiring school districts to pay increased
salaries to certain professional school library media specialists who hold
certain national certification; requiring related information to be included in
the annual budget report of each school district; making an appropriation; and
providing other matters properly relating thereto.

[Approved:
June 13, 2007]

Legislative
Counsels Digest:

Under existing law,
a school district is required to pay increased salaries to those teachers and
speech pathologists it employs who satisfy certain requirements, including the
holding of certain national certification. (NRS 391.160) This bill provides for
the payment of similar increased salaries for professional school library media
specialists who satisfy certain similar requirements, including the holding of
certain national certification.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
387.303 is hereby amended to read as follows:

387.303 1. Not later than November 10 of each year,
the board of trustees of each school district shall submit to the
Superintendent of Public Instruction and the Department of Taxation a report
which includes the following information:

(a) For each fund within the school district,
including, without limitation, the school districts general fund and any
special revenue fund which receives state money, the total number and salaries
of licensed and nonlicensed persons whose salaries are paid from the fund and
who are employed by the school district in full-time positions or in part-time
positions added together to represent full-time positions. Information must be
provided for the current school year based upon the school districts final
budget, including any amendments and augmentations thereto, and for the
preceding school year. An employee must be categorized as filling an
instructional, administrative, instructional support or other position.

(b) The count of pupils computed pursuant to paragraph
(a) of subsection 1 of NRS 387.1233.

(c) The school districts actual expenditures in the
fiscal year immediately preceding the report.

(d) The school districts proposed expenditures for
the current fiscal year.

(e) The schedule of salaries for licensed employees in
the current school year and a statement of whether the negotiations regarding
salaries for the current school year have been completed. If the negotiations
have not been completed at the time the schedule of salaries is submitted, the
board of trustees shall submit a supplemental report to the Superintendent of
Public Instruction upon completion of negotiations or the determination of an
arbitrator concerning the negotiations that includes the schedule of salaries
agreed to or required by the arbitrator.

(f) The number of [teachers]employees who
received an increase in salary pursuant to subsection 2 , 3 or 4 of NRS 391.160 for the current and
preceding fiscal years. If the board of trustees is required to pay an increase
in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of
trustees shall submit a supplemental report to the Superintendent of Public
Instruction not later than February 15 of the year in which the retroactive
payment was made that includes the number of teachers to whom an increase in
salary was paid retroactively.

(g) The number of employees eligible for health insurance
within the school district for the current and preceding fiscal years and the
amount paid for health insurance for each such employee during those years.

(h) The rates for fringe benefits, excluding health
insurance, paid by the school district for its licensed employees in the
preceding and current fiscal years.

(i) The amount paid for extra duties, supervision of
extracurricular activities and supplemental pay and the number of employees
receiving that pay in the preceding and current fiscal years.

(j) The expenditures from the account created pursuant
to subsection 3 of NRS 179.1187. The report must indicate the total amount
received by the district in the preceding fiscal year, and the specific amount
spent on books and computer hardware and software for each grade level in the
district.

2. On or before November 25 of each year, the
Superintendent of Public Instruction shall submit to the Department of
Administration and the Fiscal Analysis Division of the Legislative Counsel
Bureau, in a format approved by the Director of the Department of
Administration, a compilation of the reports made by each school district
pursuant to subsection 1.

3. The Superintendent of Public Instruction shall, in
the compilation required by subsection 2, reconcile the revenues and
expenditures of the school districts with the apportionment received by those
districts from the State Distributive School Account for the preceding year.

Sec. 2. NRS 391.160 is hereby amended
to read as follows:

391.160 1. The salaries of teachers and other
employees must be determined by the character of the service required. A school
district shall not discriminate between male and female employees in the matter
of salary.

2. Each year when determining the salary of a teacher
who holds certification issued by the National Board for Professional Teaching
Standards, a school district shall add 5 percent to the salary that the teacher
would otherwise receive in 1 year for his classification on the schedule of
salaries for the school district if:

(a) On or before January 31 of the school year, the
teacher has submitted evidence satisfactory to the school district of his
current certification; and

(b) The teacher is assigned by the school district to
provide classroom instruction during that school year.

Κ No increase
in salary may be given pursuant to this subsection during a particular school
year to a teacher who submits evidence of certification after January 31 of
that school year. For the first school year that a teacher submits evidence of
his current certification, the board of trustees of the school district to whom
the evidence was submitted shall pay the increase in salary required by this
subsection retroactively to the beginning of that school year. Once a teacher
has submitted evidence of such certification to the school district, the school
district shall retain the evidence in its records, as applicable, for future
school years. An increase in salary given in accordance with this subsection is
in addition to any other increase to which the teacher may otherwise be
entitled.

3. Each year when determining the salary of a person
who is employed by a school district as a speech pathologist, the school
district shall add 5 percent to the salary that the employee would otherwise
receive in 1 year for his classification on the schedule of salaries for the
school district if:

(a) On or before September 15 of the school year, the
employee has submitted evidence satisfactory to the school district of his:

(1) Licensure as a speech pathologist by the
Board of Examiners for Audiology and Speech Pathology; and

(2) Certification as being clinically competent
in speech-language pathology by:

(I) The American Speech-Language-Hearing
Association; or

(II) A successor organization to the
American Speech-Language-Hearing Association that is recognized and determined
to be acceptable by the Board of Examiners for Audiology and Speech Pathology;
and

(b) The employee is assigned by the school district to
serve as a speech pathologist during the school year.

Κ No increase
in salary may be given pursuant to this subsection during a particular school year
to an employee who submits evidence of licensure and certification after
September 15 of that school year. Once an employee has submitted evidence of
such licensure and certification to the school district, the school district
shall retain the evidence in its records, as applicable, for future school
years. An increase in salary given in accordance with this subsection is in
addition to any other increase to which the employee may otherwise be entitled.

4. Each
year when determining the salary of a person who is employed by a school
district as a professional school library media specialist, the school district
shall add 5 percent to the salary that the employee would otherwise receive in
1 year for his classification on the schedule of salaries of the school
district if:

(a) On or
before September 15 of the school year, the employee has submitted evidence
satisfactory to the school district of his current certification as a
professional school library media specialist issued by the National Board for
Professional Teaching Standards; and

(b) The
employee is assigned by the school district to serve as a professional school
library media specialist during that school year.

Κ No
increase in salary may be given pursuant to this subsection during a particular
school year to an employee who submits evidence of certification after
September 15 of that school year. Once an employee has submitted evidence of
such certification to the school district, the school district shall retain the
evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is
in addition to any other increase to which the employee may otherwise be
entitled.

increase in
salary given in accordance with this subsection is in addition to any other
increase to which the employee may otherwise be entitled.

5. In
determining the salary of a licensed teacher who is employed by a school
district after the teacher has been employed by another school district in this
State, the present employer shall, except as otherwise provided in subsection [7:] 8:

(a) Give the teacher the same credit for previous
teaching service as he was receiving from his former employer at the end of his
former employment;

(b) Give the teacher credit for his final year of
service with his former employer, if credit for that service is not included in
credit given pursuant to paragraph (a); and

(c) Place the teacher on the schedule of salaries of
the school district in a classification that is commensurate with the level of
education acquired by the teacher, as set forth in the applicable negotiated
agreement with the present employer.

[5.] 6. A school district may give the credit
required by subsection [4]5 for previous teaching service earned in
another state if the Commission has approved the standards for licensing
teachers of that state. The Commission shall adopt regulations that establish
the criteria by which the Commission will consider the standards for licensing
teachers of other states for the purposes of this subsection. The criteria may
include, without limitation, whether the Commission has authorized reciprocal
licensure of educational personnel from the state under consideration.

[6.] 7. In determiningthe
salary of a licensed administrator, other than the superintendent of schools,
who is employed by a school district after the administrator has been employed
by another school district in this State, the present employer shall, except as
otherwise provided in subsection [7:] 8:

(a) Give the administrator the same credit for
previous administrative service as he was receiving from his former employer,
at the end of his former employment;

(b) Give the administrator credit for his final year
of service with his former employer, if credit for that service is not
otherwise included in the credit given pursuant to paragraph (a); and

(c) Place the administrator on the schedule of
salaries of the school district in a classification that is comparable to the
classification the administrator had attained on the schedule of salaries of
his former employer.

[7.]8. This section does not:

(a) Require a school district to allow a teacher or
administrator more credit for previous teaching or administrative service than
the maximum credit for teaching or administrative experience provided for in
the schedule of salaries established by it for its licensed personnel.

(b) Permit a school district to deny a teacher or
administrator credit for his previous teaching or administrative service on the
ground that the service differs in kind from the teaching or administrative
experience for which credit is otherwise given by the school district.

[8.] 9. As used in this section:

(a) Previous administrative service means the total
of:

(1) Any period of administrative service for
which an administrator received credit from his former employer at the
beginning of his former employment; and

(1) Any period of teaching service for which a
teacher received credit from his former employer at the beginning of his former
employment; and

(2) His period of teaching service in his
former employment.

Sec. 3. (Deleted by amendment.)

Sec. 3.5. 1. There is hereby appropriated
from the State General Fund to the State Distributive School Account the
following sums to pay the increase of salaries of professional school library
media specialists required by NRS 391.160, as amended by section 2 of this act:

For the Fiscal Year 2007-2008....................................................... $18,078

For the Fiscal Year 2008-2009....................................................... $18,798

2. Any balance of the sums appropriated by subsection
1 remaining at the end of the respective fiscal years must not be committed for
expenditure after June 30 of the respective fiscal years by the entity to which
the appropriation is made or any entity to which money from the appropriation
is granted or otherwise transferred in any manner, and any portion of the
appropriated money remaining must not be spent for any purpose after September
19, 2008, and September 18, 2009, respectively, by either the entity to which
the money was appropriated or the entity to which the money was subsequently
granted or transferred, and must be reverted to the State General Fund on or
before September 19, 2008, and September 18, 2009, respectively.

Sec. 4. Notwithstanding the provisions of NRS
391.160, as amended by section 2 of this act, an employee who wishes to receive
an increase in salary for the 2007-2008 school year pursuant to subsection 4 of
NRS 391.160, as amended by section 2 of this act, must submit evidence of his
certification not later than November 1, 2007. If an employee submits such
evidence on or before that date, the school district by which he is employed
shall pay the required increase in salary retroactively to the beginning of the
2007-2008 school year.

Sec. 5. The provisions of NRS 354.599 do not
apply to any additional expenses of a local government that are related to the
provisions of this act.

Sec. 6. This act becomes effective on July 1,
2007.

________

κ2007
Statutes of Nevada, Page 2389κ

CHAPTER 454, SB 529

Senate
Bill No. 529Committee on Human Resources and Education

CHAPTER 454

AN ACT relating to Medicaid; revising certain provisions concerning the
recovery from recipients or third parties of certain costs for Medicaid paid by
the Department of Health and Human Services; revising certain provisions
concerning assessments on nursing facilities; revising certain provisions
concerning liability for the submission of a false claim to the State or a
local government; providing a penalty; and providing other matters properly
relating thereto.

[Approved:
June 13, 2007]

Legislative Counsels
Digest:

Existing law
provides that the Department of Health and Human Services is subrogated to the
right of a recipient of Medicaid when the recipient incurs costs for medical
services which are payable by the Department under circumstances which create
legal liability for such costs in a third party. (NRS 422.293) Sections 3,
4, 9 and 10 of this bill revise certain provisions concerning the recovery
of such costs by the Department and impose liability for such costs on certain
persons who do not comply with the procedures established to protect the right
of the Department to recover benefits paid by Medicaid.

Existing law
provides for the assessment of fees on nursing facilities to increase the
quality of nursing care. (NRS 422.3755-422.379) Sections 13 and 14 of
this bill revise the determination of the amount of the fees to comply with
federal law and to allow the recoupment of the fees and any administrative
penalties from payments made pursuant to the Medicaid program.

The Federal Deficit
Reduction Act of 2005, Public Law 109-171, enacted certain provisions
concerning state plans for Medicaid. Section 6031 of the Federal Deficit
Reduction Act provides financial incentives for states that enact laws
establishing liability for false or fraudulent claims made to the State Plan
for Medicaid. To be eligible for these financial incentives, the laws of a
state must contain provisions that are at least as effective at rewarding and
facilitating qui tam actions for false or fraudulent claims as those described
in the Federal False Claims Act, 31 U.S.C. §§ 3730-3732. Sections 23-27
of this bill amend existing law concerning the filing of false or fraudulent
claims to comply with the provisions of section 6031 of the Federal Deficit
Reduction Act. (NRS 357.040, 357.070, 357.080, 357.110, 357.170) Sections 11
and 15 of this bill provide for the recovery of benefits and for criminal
penalties for certain fraudulent acts related to public assistance. (NRS 422.29304, 422.410)

Sections 31-36
of this bill amend existing law to comply with the requirements of section 6035
of the Federal Deficit Reduction Act concerning certain providers of health
insurance. Sections 31-36 require providers of health insurance to
provide certain information concerning a person who is eligible for assistance
under Medicaid to the State upon request. Sections 31-36 also require
providers of health insurance to respond to inquiries by the State concerning a
claim for payment for medical assistance not later than 3 years after the date
of provision of the medical services. Sections 31-36 require providers
of health insurance to agree not to deny a claim submitted by the State solely
on the basis of the date of submission of the claim or the form of
documentation submitted if the State submits the claim not later than 3 years
after the date of the provision of medical assistance and the State commences
any action to enforce its rights with respect to the claim not later than 6
years after submission of the claim. (NRS 689A.430, 689B.300, 695A.151,
695B.340, 695C.163, 695F.440)

Section 1. Chapter
422 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 9, inclusive, of this act.

Sec. 2. (Deleted by amendment.)

Sec. 3. 1. A recipient, upon assertion of a claim against a third
party to which the Department is subrogated pursuant to NRS 422.293, or his
attorney, upon agreeing to represent such a recipient, shall provide written
notice to the Department in the manner provided in subsection 2.

2. The
notice provided pursuant to subsection 1 must include, without limitation:

(a) The
name of the recipient;

(b) The
social security number of the recipient;

(c) The
date of birth of the recipient;

(d) The
name of the attorney of the recipient, if applicable;

(e) The
name of any person against whom the recipient is making a claim, if known;

(f) The
name of any insurer of any person against whom the recipient is making a claim,
if known;

(g) The
date of the incident giving rise to the claim; and

(h) A
short statement identifying the nature of the recipients claim or the terms of
any settlement, judgment or award.

3. Any
statute of limitations applicable to any claim or action by the Department is
tolled until such time as the Department receives the notice required by this
section.

4. As
used in this section, claim means a right to payment, whether or not the
right is reduced to judgment, liquidated, unliquidated, fixed, contingent,
matured, unmatured, disputed, undisputed, legal, equitable, secured or
unsecured.

Sec. 4. Upon receiving the notice required pursuant to section 3 of
this act, the Department shall, within 30 days, provide written notice to the
recipientor his
attorney and to the third party. The written notice must include, without
limitation, the name of the recipient and the amount of the Departments lien.
No lien created pursuant to NRS 422.293 is enforceable unless written notice is
first given to the person against whom the lien is assertedor his attorney.

Secs. 5-8. (Deleted by amendment.)

Sec. 9. 1. Except as otherwise provided in subsection 2, any person
who fails to comply with the provisions of NRS 422.293 and section 3 of this
act is liable to the Department for:

(a) The
total amount of the Departments lien created pursuant to NRS 422.293; and

(b) Any
attorneys fees and litigation expenses incurred by the Department in enforcing
the Departments rights pursuant to NRS 422.293 and section 3 of this act.

2. A
person other than the recipient is not liable to the Department if the court
determines that the failure to provide notice was caused by excusable neglect.

Sec. 10. NRS 422.293 is hereby amended
to read as follows:

422.293 1. When a recipient of Medicaid or a
recipient of insurance provided pursuant to the Childrens Health Insurance Program
incurs an illness or injury for which medical services
are payable by the Department and which is incurred under circumstances
creating a legal liability in some person other than the recipient or a
division of the Department to pay all or part of the costs of such medical
services, the Department is subrogated to the right of the recipient to the
extent of all such medical costs [.]

illness or injury for which medical services are payable by
the Department and which is incurred under circumstances creating a legal
liability in some person other than the recipient or a division of the
Department to pay all or part of the costs of such medical services, the Department is
subrogated to the right of the recipient to the extent of all such medical costs[.]
and may join or intervene in any action by the recipient or his successors in
interest to enforce such legal liability.

2. If a recipient or his successors in interest fail
or refuse to commence an action to enforce the legal liability, the Department
may commence an independent action, after notice to the recipient or his
successors in interest, to recover all medical costs to which it is entitled. In any
such action by the Department, the recipient or his successors in interest may
be joined as third-party defendants.

3. In any case where the Department is subrogated to
the rights of the recipient or his successors in interest as provided in
subsection 1, the Department has a lien upon the proceeds of any recovery from
the persons liable, whether the proceeds of the recovery are by way of
judgment, settlement or otherwise. Such a lien must be satisfied in full, unless
reduced pursuant to subsection [5,] 4, at such time as:

(a) The proceeds of any recovery or settlement are
distributed to or on behalf of the recipient, his successors in interest or his
attorney; and

(b) A dismissal by any court of any action brought to
enforce the legal liability established by subsection 1.

[Κ No such lien is enforceable unless
written notice is first given to the person against whom the lien is asserted.]

4. [The recipient or his successors in interest shall notify the
Department in writing before entering any settlement agreement or commencing
any action to enforce the legal liability referred to in subsection 1. Except
if extraordinary circumstances exist, a person who fails to comply with the
provisions of this subsection shall be deemed to have waived any consideration
by the Director or his designated representative of a reduction of the amount
of the lien pursuant to subsection 5 and shall pay to the Department all costs
to which it is entitled and its court costs and attorneys fees.

5.]
If the Department receives notice pursuant to [subsection 4,] section 3 of this act,
the Director or his designated representative may, in consideration of the
legal services provided by an attorney to procure a recovery for the recipient,
reduce the lien on the proceeds of any recovery.

[6.] 5. The attorney of a [recipient:

(a) Shall] recipient shall not
condition the amount of attorneys fees or impose additional attorneys fees
based on whether a reduction of the lien is authorized by the Director or his
designated representative pursuant to subsection [5.

(b) Shall
reduce the amount of the fees charged the recipient for services provided by
the amount the attorney receives from the reduction of a lien authorized by the
Director or his designated representative pursuant to subsection 5.] 4.

Sec. 11. NRS 422.29304 is hereby
amended to read as follows:

422.29304 1. Except as otherwise provided in this
section, the Department shall, to the extent that it is not prohibited by
federal law, recover from a recipient of public assistance, the estate of the
recipient, the undivided estate of a recipient of Medicaid or a person who
signed the application for public assistance or admission
to a nursing facility on behalf of the recipient an amount not to exceed the
amount of public assistance incorrectly paid to the recipient, if the person
who signed the application:

application for public assistance or admission to a nursing facility on behalf
of the recipient an amount not to exceed the amount of public assistance
incorrectly paid to the recipient, if the person who signed the application:

(a) Failed to report any required information to the
Department or the nursing facility
that the person knew at the time he signed the application; [or]

(b) Refused
to provide financial information regarding the recipients income and assets,
including, without limitation, information regarding any transfers or
assignments of income or assets;

(c) Concealed
information regarding the existence, transfer or disposition of the recipients
income and assets with the intent of enabling a recipient to meet any eligibility
requirement for public assistance;

(d) Made
any false representation regarding the recipients income and assets,
including, without limitation, any information regarding any transfers or
assignments of income or assets; or

(e) Failed
to report to the Department or the
nursing facility within the period allowed by the Department any
required information that the person obtained after he filed the application.

2. Except as otherwise provided in this section, a
recipient of incorrectly paid public assistance, the undivided estate of a
recipient of Medicaid or a person who signed the application for public
benefits or admission to a nursing
facility on behalf of the recipient shall reimburse the
Department or appropriate state agency for the value of the incorrectly paid
public assistance.

3. The Director or his designee may, to the extent
that it is not prohibited by federal law, determine the amount of, and settle,
adjust, compromise or deny a claim against a recipient of public assistance,
the estate of the recipient, the undivided estate of a recipient of Medicaid or
a person who signed the application for public assistance or admission to a nursing facility on behalf
of the recipient.

4. The Director may, to the extent that it is not
prohibited by federal law, waive the repayment of public assistance incorrectly
paid to a recipient if the incorrect payment was not the result of an
intentional misrepresentation or omission by the recipient and if repayment
would cause an undue hardship to the recipient. The Director shall, by
regulation, establish the terms and conditions of such a waiver, including,
without limitation, the circumstances that constitute undue hardship.

Sec. 12. NRS 422.29306 is hereby
amended to read as follows:

422.29306 1. The Department may, to the extent not
prohibited by federal law, petition for the imposition of a lien pursuant to
the provisions of NRS 108.850 against real or personal property of a recipient
of Medicaid as follows:

(a) The Department may obtain a lien against a
recipients property, both real or personal, before or after his death in the
amount of assistance paid or to be paid on his behalf if the court determines
that assistance was incorrectly paid for the recipient.

(b) The Department may seek a lien against the real
property of a recipient at any age before his death in the amount of assistance
paid or to be paid for him if he is an inpatient in a nursing facility,
intermediate care facility for the mentally retarded or other medical
institution and the Department determines, after notice and opportunity for a
hearing in accordance with applicable regulations, that
the recipient cannot reasonably be expected to be discharged and return home.

accordance with applicable regulations, that the recipient
cannot reasonably be expected to be discharged and return home.

2. No lien may be placed on a recipients home pursuant
to paragraph (b) of subsection 1 for assistance correctly paid if:

(a) His spouse;

(b) His child who is under 21 years of age, blind or
disabled as determined in accordance with 42 U.S.C. § 1382c; or

(c) His brother or sister who is an owner or part
owner of the home and who was residing in the home for at least 1 year
immediately before the date the recipient was admitted to the medical
institution,

Κ is lawfully
residing in the home.

3. Upon the death of a recipient, the Department may
seek a lien upon the recipients undivided estate as defined in NRS 422.054.

4. The
amount of the lien recovery must be based on the value of the real or personal
property at the time of sale of the property.

5. The
Director shall release a lien pursuant to this section:

(a) Upon notice by the recipient or his representative
to the Director that the recipient has been discharged from the medical
institution and has returned home;

(b) If the lien was incorrectly determined; or

(c) Upon satisfaction of the claim of the Department.

Sec. 13. NRS 422.3775 is hereby amended
to read as follows:

422.3775 1. Each nursing facility that is licensed
in this State shall pay a fee assessed by the Division to increase the quality
of nursing care in this State.

2. To determine the amount of the fee to assess
pursuant to this section, the Division shall establish a [uniform]
rate per non-Medicare patient day that is equivalent to [6 percent]a percentage of the
total annual accrual basis gross revenue for services provided to patients of
all nursing facilities licensed in this State. The percentage used to establish the rate must not exceed
that allowed by federal law. For the purposes of this subsection,
total annual accrual basis gross revenue does not include charitable
contributions received by a nursing facility.

3. The Division shall calculate the fee owed by each
nursing facility by multiplying the total number of days of care provided to
non-Medicare patients by the nursing facility, as provided to the Division
pursuant to NRS 422.378, by the [uniform] rate established pursuant to
subsection 2.

4. A fee assessed pursuant to this section is due 30
days after the end of the month for which the fee was assessed.

5. The payment of a fee to the Division pursuant to
NRS 422.3755 to 422.379, inclusive, is an allowable cost for Medicaid
reimbursement purposes.

Sec. 14. NRS 422.379 is hereby amended
to read as follows:

422.379 1.
The Division shall establish administrative penalties for the
late payment by a nursing facility of a fee assessed pursuant to NRS 422.3755
to 422.379, inclusive.

2. The
Division may recoup any payments made to nursing facilities providing services
pursuant to the Medicaid program up to the amount of the fees owed as
determined pursuant to NRS 422.3775 and any administrative penalties owed
pursuant to subsection 1 if a nursing facility fails to remit the fees and
administrative penalties owed within 30 days after the date they are due. Before
recoupment of payments pursuant to this
subsection, the Division may allow a nursing facility that fails to remit fees
and administrative penalties owed an opportunity to negotiate a repayment plan
with the Division.

this
subsection, the Division may allow a nursing facility that fails to remit fees
and administrative penalties owed an opportunity to negotiate a repayment plan
with the Division. The terms of the repayment plan may be established at the
discretion of the Division.

Sec. 15. NRS 422.410 is hereby amended
to read as follows:

422.410 1. Unless a different penalty is provided
pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590,
inclusive, a person who knowingly and designedly, by any false pretense, false
or misleading statement, impersonation ,[or]
misrepresentation, or concealment,
transfer, disposal or assignment of money or property obtains or
attempts to obtain monetary or any other public assistance, or money, property,
medical or remedial care or any other service provided pursuant to the
Childrens Health Insurance Program, having a value of $100 or more, whether by
one act or a series of acts, with the intent to cheat, defraud or defeat the
purposes of this chapter or to
enable a person to meet or appear to meet any requirements of eligibility
prescribed by state law or by rule or regulation adopted by the Department for
a grant or an increase in a grant of any type of public assistance
is guilty of a category E felony and shall be punished as provided in NRS
193.130. In addition to any other penalty, the court shall order the person to
pay restitution.

2. For the purposes of subsection 1, whenever a
recipient of Temporary Assistance for Needy Families pursuant to the provisions
of this chapter and chapter 422A of NRS receives an overpayment of benefits for
the third time and the overpayments have resulted from a false statement or
representation by the recipient or from the failure of the recipient to notify
the Division of Welfare and Supportive Services of the Department of a change
in his circumstances which would affect the amount of assistance he receives, a
rebuttable presumption arises that the payment was fraudulently received.

3. For the purposes of subsection 1, public
assistance includes any money, property, medical or remedial care or any other
service provided pursuant to a state plan.

Sec. 16. NRS 425.360 is hereby amended
to read as follows:

425.360 1. Any payment of public assistance pursuant
to this chapter creates a debt for support to the Division by the responsible
parent, whether or not the parent received prior notice that his child was
receiving public assistance.

2. The Division is entitled to the amount to which a
dependent child or a person having the care, custody and control of a dependent
child would have been entitled for support, to the extent of the assignment of
those rights to support pursuant to NRS 425.350, and may prosecute or maintain
any action for support or execute any administrative remedy existing under the
laws of this State to obtain reimbursement of money expended for public
assistance from any liable third party, including an insurer, group health plan
as defined in section 607(1) of the Employee Retirement Income Security Act of
1974 ,[(]29 U.S.C.A. § 1167(1) , [),]
service benefit plan, self-insured
plan or health maintenance organization. If a court enters
judgment for an amount of support to be paid by a responsible parent, the
Division is entitled to the amount of the debt created by that judgment to the
extent of the assignment of rights to support pursuant to NRS 425.350, and the
judgment awarded shall be deemed to be in favor of the Division to that extent.
This entitlement applies to, but is not limited to, a temporary order for
spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of
providing necessaries for the caretaker of the child, up to the amount paid by
the Division in public assistance to or for the benefit of a dependent child.

not allocated to the benefit of the child on the basis of
providing necessaries for the caretaker of the child, up to the amount paid by
the Division in public assistance to or for the benefit of a dependent child.
The Division may petition the appropriate court for modification of its order
on the same grounds as a party to the action.

3. If there is no court order for support, or if the
order provides that no support is due but the facts on which the order was
based have changed, the amount due is the amount computed pursuant to NRS
125B.070 and 125B.080, using the Nevada average wage, determined by the
Employment Security Division of the Department of Employment, Training and
Rehabilitation, if the gross income of the responsible parent cannot be
otherwise ascertained.

4. Debts for support may not be incurred by a parent
or any other person who is the recipient of public assistance for the benefit
of a dependent child for the period when the parent or other person is a
recipient.

5. If a
state agency is assigned any rights of a dependent child or a person having the
care, custody and control of a dependent child who is eligible for medical
assistance under Medicaid, the person having the care, custody and control of
the dependent child shall, upon request of the state agency, provide to the
state agency information regarding the dependent child or a person having the
care, custody and control of a dependent child to determine:

(a) Any
period during which the dependent child or a person having the care, custody
and control of a dependent child may be or may have been covered by an insurer;
and

(b) The
nature of any coverage that is or was provided by the insurer, including,
without limitation, the name and address of the insured dependent child or a
person having the care, custody and control of a dependent child and the
identifying number of the policy, evidence of coverage or contract.

Sec. 17. NRS 108.850 is hereby amended
to read as follows:

108.850 1. A petition to the district court for the
imposition of a lien as described and limited in NRS 422.29306 to recover money
owed to the Department of Health and Human Services as a result of payment of
benefits for Medicaid must set forth:

(a) The facts concerning the giving of assistance;

(b) The name and address of the person who is
receiving or who received the benefits for Medicaid;

(c) A description of the property, sufficient for
identification ; [,
and its estimated value;]

(d) The names, ages, residences and relationship of
all persons who are claiming an interest in the property or who are listed as
having any interest in the property, so far as known to the petitioner; and

(e) An itemized list of the amount owed to the
Department of Health and Human Services as a result of payment of benefits for
Medicaid.

2. No defect of form or in the statement of facts
actually existing voids the petition for the lien.

Sec. 18. NRS 132.185 is hereby amended
to read as follows:

132.185 Interested person includes , without limitation, an
heir, devisee, child, spouse, creditor, beneficiary and any other person having
a property right in or claim against a trust estate or the estate of a decedent[.] , including, without limitation, the
Director of the Department of Health and Human
Services in any case in which money is owed to the Department of Health and
Human Services as a result of the payment of benefits for Medicaid.

Human Services
in any case in which money is owed to the Department of Health and Human
Services as a result of the payment of benefits for Medicaid. The
term includes a person having priority for appointment as a personal
representative and other fiduciaries representing interested persons. The
meaning as it relates to particular persons must be determined according to the
particular purposes of, and matter involved in, a proceeding.

Sec. 19. NRS 159.113 is hereby amended
to read as follows:

159.113 1. Before taking any of the following
actions, the guardian shall petition the court for an order authorizing the
guardian to:

(a) Invest the property of the ward.

(b) Continue the business of the ward.

(c) Borrow money for the ward.

(d) Except as otherwise provided in NRS 159.079, enter
into contracts for the ward or complete the performance of contracts of the
ward.

(e) Make gifts from the wards estate or make
expenditures for the wards relatives.

(f) Sell, lease, place into any type of trust or
surrender any property of the ward.

(g) Exchange or partition the wards property.

(h) Obtain advice, instructions and approval of any
other proposed act of the guardian relating to the wards property.

(i) Release the power of the ward as trustee, personal
representative, custodian for a minor or guardian.

(j) Exercise or release the power of the ward as a
donee of a power of appointment.

(k) Change the state of residence or domicile of the
ward.

(l) Exercise the right of the ward to take under or
against a will.

(m) Transfer to a trust created by the ward any
property unintentionally omitted from the trust.

(n) Submit a revocable trust to the jurisdiction of
the court if:

(1) The ward or the spouse of the ward, or
both, are the grantors and sole beneficiaries of the income of the trust; or

(2) The trust was created by the court.

(o) Pay
any claim by the Department of Health and Human Services to recover benefits
for Medicaid correctly paid to or on behalf of the ward.

(p) Take
any other action which the guardian deems would be in the best interests of the
ward.

2. The petition must be signed by the guardian and
contain:

(a) The name, age, residence and address of the ward.

(b) A concise statement as to the condition of the
wards estate.

(c) A concise statement as to the advantage to the
ward of or the necessity for the proposed action.

(d) The terms and conditions of any proposed sale,
lease, partition, trust, exchange or investment, and a specific description of
any property involved.

3. Any of the matters set forth in subsection 1 may
be consolidated in one petition, and the court may enter one order authorizing
or directing the guardian to do one or more of those acts.

4. A petition filed pursuant to paragraphs (b) and
(d) of subsection 1 may be consolidated in and filed with the petition for the
appointment of the guardian, and if the guardian is appointed , the court may enter
additional orders authorizing the guardian to continue the business of the
ward, enter contracts for the ward, or to complete contracts of the ward.

159.115 1. Upon the filing of any petition under NRS
159.078 or 159.113, or any account, notice must be given:

(a) At least 10 days before the date set for the
hearing, by mailing a copy of the notice by regular mail to the residence,
office or post office address of each person required to be notified pursuant
to subsection 3;

(b) At least 10 days before the date set for the
hearing, by personal service;

(c) If the address or identity of the person is not
known and cannot be ascertained with reasonable diligence, by publishing a copy
of the notice in a newspaper of general circulation in the county where the
hearing is to be held, the last publication of which must be published at least
10 days before the date set for the hearing; or

(d) In any other manner ordered by the court, for good
cause shown.

2. The notice must:

(a) Give the name of the ward.

(b) Give the name of the petitioner.

(c) Give the date, time and place of the hearing.

(d) State the nature of the petition.

(e) Refer to the petition for further particulars, and
notify all persons interested to appear at the time and place mentioned in the
notice and show cause why the court order should not be made.

3. At least 10 days before the date set for the
hearing, the petitioner shall cause a copy of the notice to be mailed to the
following:

(a) Any minor ward who is 14 years of age or older or
the parent or legal guardian of any minor ward who is less than 14 years of
age.

(b) The spouse of the ward and other heirs of the ward
who are related within the second degree of consanguinity so far as known to
the petitioner.

(c) The guardian of the person of the ward, if the
guardian is not the petitioner.

(d) Any person or care provider having the care,
custody or control of the ward.

(e) Any office of the Department of Veterans Affairs
in this State if the ward is receiving any payments or benefits through the
Department of Veterans Affairs.

(f) The
Director of the Department of Health and Human Services if the ward has
received or is receiving any benefits from Medicaid.

(g) Any
other interested person or his attorney who has filed a request for notice in
the guardianship proceeding and served a copy of the request upon the guardian.
The request for notice must state the interest of the person filing the
request, and his name and address, or that of his attorney. If the notice so
requests, copies of all petitions and accounts must be mailed to the interested
person or his attorney.

4. An interested person who is entitled to notice
pursuant to subsection 3 may, in writing, waive notice of the hearing of a
petition.

5. Proof of giving notice must be:

(a) Made on or before the date set for the hearing;
and

(b) Filed in the guardianship proceeding.

Sec. 21. NRS 239A.070 is hereby amended
to read as follows:

239A.070 This chapter does not apply to any subpoena
issued pursuant to title 14 or chapters 616A to 617, inclusive, of NRS or
prohibit:

1. Dissemination of any financial information which
is not identified with or identifiable as being derived from the financial
records of a particular customer.

2. The Attorney General, district attorney,
Department of Taxation, Director
of the Department of Health and Human Services, public
administrator, sheriff or a police department from requesting of a financial
institution, and the institution from responding to the request, as to whether
a person has an account or accounts with that financial institution and, if so,
any identifying numbers of the account or accounts.

3. A financial institution, in its discretion, from
initiating contact with and thereafter communicating with and disclosing the
financial records of a customer to appropriate governmental agencies concerning
a suspected violation of any law.

4. Disclosure of the financial records of a customer
incidental to a transaction in the normal course of business of the financial
institution if the director, officer, employee or agent of the financial
institution who makes or authorizes the disclosure has no reasonable cause to
believe that such records will be used by a governmental agency in connection with
an investigation of the customer.

5. A financial institution from notifying a customer
of the receipt of a subpoena or a search warrant to obtain his financial
records, except when ordered by a court to withhold such notification.

6. The examination by or disclosure to any
governmental regulatory agency of financial records which relate solely to the
exercise of its regulatory function if the agency is specifically authorized by
law to examine, audit or require reports of financial records of financial
institutions.

7. The disclosure to any governmental agency of any
financial information or records whose disclosure to that particular agency is
required by the tax laws of this State.

8. The disclosure of any information pursuant to NRS
425.393, 425.400 or 425.460.

9. A governmental agency from obtaining a credit
report or consumer credit report from anyone other than a financial
institution.

Sec. 22. NRS 239A.075 is hereby amended
to read as follows:

239A.075 Upon presentation of a death certificate,
affidavit of death or other proof of death, a financial institution shall
provide the Director of the
Department of Health and Human Services or a public administrator
with a statement which sets forth the identifying number and account balance of
any accounts on which only the name of the deceased person appears. A financial
institution may charge a reasonable fee, not to exceed $2, to provide a public
administrator with a statement pursuant to the provisions of this section.

Sec. 23. NRS 357.040 is hereby amended
to read as follows:

357.040 1. Except as otherwise provided in NRS
357.050, a person who, with or without specific intent to defraud, does any of
the following listed acts is liable to the State or a political subdivision,
whichever is affected, for three times the amount of damages sustained by the
State or political subdivision because of the act of that person, for the costs
of a civil action brought to recover those damages and for a civil penalty of
not less than [$2,000] $5,000 or more than $10,000 for each act:

(a) Knowingly presents or causes to be presented a
false claim for payment or approval.

(b) Knowingly makes or uses, or causes to be made or
used, a false record or statement to obtain payment or approval of a false
claim.

(c) Conspires to defraud by obtaining allowance or
payment of a false claim.

(d) Has possession, custody or control of public
property or money and knowingly delivers or causes to be delivered to the State
or a political subdivision less money or property than the amount for which he
receives a receipt.

(e) Is authorized to prepare or deliver a receipt for
money or property to be used by the State or a political subdivision and
knowingly prepares or delivers a receipt that falsely represents the money or
property.

(f) Knowingly buys, or receives as security for an
obligation, public property from a person who is not authorized to sell or
pledge the property.

(g) Knowingly makes or uses, or causes to be made or
used, a false record or statement to conceal, avoid or decrease an obligation
to pay or transmit money or property to the State or a political subdivision.

(h) Is a beneficiary of an inadvertent submission of a
false claim and, after discovering the falsity of the claim, fails to disclose
the falsity to the State or political subdivision within a reasonable time.

2. As used in this section, a person acts knowingly
with respect to information if he:

(a) Has knowledge of the information;

(b) Acts in deliberate ignorance of whether the
information is true or false; or

(c) Acts in reckless disregard of the truth or falsity
of the information.

Sec. 24. NRS 357.070 is hereby amended
to read as follows:

357.070 The Attorney General [may] shall investigate any
alleged liability pursuant to this chapter and may bring a civil action
pursuant to this chapter against the person liable.

Sec. 25. NRS 357.080 is hereby amended
to read as follows:

357.080 1. Except as otherwise provided in this
section and NRS 357.090 and 357.100, a private plaintiff may maintain an action
pursuant to this chapter on his own account and that of the State if money,
property or services provided by the State are involved, or on his own account
and that of a political subdivision if money, property or services provided by
the political subdivision are involved, or on his own account and that of both
the State and a political subdivision if both are involved. After such an
action is commenced, it may be dismissed only with leave of the court, taking
into account the public purposes of this chapter and the best interests of the
parties.

2. If a private plaintiff brings an action pursuant
to this chapter, no other person may bring another action pursuant to this
chapter based on the same facts.

3. An action may not be maintained by a private
plaintiff pursuant to this chapter:

(a) Against a member of the Legislature or the Judiciary,
an elected officer of the Executive Department of the State Government, or a
member of the governing body of a political subdivision, if the action is based
upon evidence or information known to the State or political subdivision at the
time the action was brought.

(b) If the action is based upon allegations or
transactions that are the subject of a civil action or an administrative
proceeding for a monetary penalty to which the State or political subdivision
is already a party.

4. A complaint filed pursuant to this section must be
placed under seal and so remain
for at least 60 days or until the Attorney General has elected
whether to intervene. No service may be made upon the defendant until the
complaint is unsealed.

5. On the date the private plaintiff files his
complaint, he shall send a copy of the complaint to the Attorney General by
mail with return receipt requested. He shall send with each copy of the
complaint a written disclosure of substantially all material evidence and
information he possesses.

6. An
action pursuant to this chapter may be brought in any judicial district in this
State in which the defendant can be found, resides, transacts business or in
which any of the alleged fraudulent activities occurred.

Sec. 26. NRS 357.110 is hereby amended
to read as follows:

357.110 1. Within [120] 60 days after receiving a
complaint and disclosure, the Attorney General may intervene and proceed with
the action or he may, for good cause shown, move the court to extend the time
for his election whether to proceed. The motion may be supported by affidavits
or other submissions in chambers.

2. If the Attorney General elects to intervene, the
complaint must be unsealed. If the Attorney General elects not to intervene,
the private plaintiff may proceed and the complaint must be unsealed.

Sec. 27. NRS 357.170 is hereby amended
to read as follows:

357.170 1. An action pursuant to this chapter may
not be commenced more than 3 years after the date [of discovery of the
fraudulent activity by] on which the Attorney General discovers, or reasonably should have
discovered, the fraudulent activity or more than [5] 6 years after the
fraudulent activity occurred, [whichever is earlier.] but in no event more than 10 years
after the fraudulent activity occurred. Within those limits, an
action may be based upon fraudulent activity that occurred before [October
1, 1999.]
July 1, 2007.

2. In an action pursuant to this chapter, the
standard of proof is a preponderance of the evidence. A finding of guilt in a
criminal proceeding charging false statement or fraud, whether upon a verdict
of guilty or a plea of guilty or nolo contendere, estops the person found
guilty from denying an essential element of that offense in an action pursuant
to this chapter based upon the same transaction as the criminal proceeding.

Sec. 28. NRS 361.585 is hereby amended
to read as follows:

361.585 1. When the time allowed by law for the
redemption of a property described in a certificate has expired, and no
redemption has been made, the tax receiver who issued the certificate, or his
successor in office, shall execute and deliver to the county treasurer a deed
of the property in trust for the use and benefit of the State and county and
any officers having fees due them.

2. The county treasurer and his successors in office,
upon obtaining a deed of any property in trust under the provisions of this
chapter, shall hold that property in trust until it is sold or otherwise
disposed of pursuant to the provisions of this chapter.

3. Notwithstanding the provisions of NRS 361.595 or
361.603, at any time during the 90-day period specified in NRS 361.603, or
before the public notice of sale by a county treasurer, pursuant to NRS
361.595, of any property held in trust by him by virtue
of any deed made pursuant to the provisions of this chapter, any person
specified in subsection 4 is entitled to have the property reconveyed upon
payment to the county treasurer of an amount equal to the taxes accrued,
together with any costs, penalties and interest legally chargeable against the
property.

property held in trust by him by virtue of any deed made
pursuant to the provisions of this chapter, any person specified in subsection
4 is entitled to have the property reconveyed upon payment to the county
treasurer of an amount equal to the taxes accrued, together with any costs,
penalties and interest legally chargeable against the property. A reconveyance
may not be made after expiration of the 90-day period specified in NRS 361.603
or after commencement of posting or publication of public notice pursuant to
NRS 361.595.

4. Property may be reconveyed pursuant to subsection
3 to one or more of the persons specified in the following categories, or to
one or more persons within a particular category, as their interests may appear
of record:

(a) The owner.

(b) The beneficiary under a deed of trust.

(c) The mortgagee under a mortgage.

(d) The person to whom the property was assessed.

(e) The person holding a contract to purchase the
property before its conveyance to the county treasurer.

(f) The
Director of the Department of Health and Human Services if the owner has
received or is receiving any benefits from Medicaid.

(g) The
successor in interest of any person specified in this subsection.

5. Any agreement to locate, deliver, recover or
assist in the recovery of any property held in trust by a county treasurer by
virtue of any deed made pursuant to the provisions of this chapter:

(a)Must:

(1)Be in
writing.

(2)Be signed
by one or more of the persons identified in subsection 4.

(3)Include a
description of the property.

(4)Include the
value of the property.

(b) Must not impose a fee that is more than 10 percent
of the total value of the property.

6. The provisions of this section apply to land held
in trust by a county treasurer on or after April 17, 1971.

Sec. 29. NRS 439B.360 is hereby amended
to read as follows:

439B.360 1. The Director shall evaluate the
effectiveness of the program established pursuant to NRS 439B.350 annually. The
evaluation must include, without limitation[:

(a) Determining
the total number of children under the age of 13 years who reside in this State
and the number of such children who have received health care services through
a federal, state or local governmental program during the previous year; and

(b) Measuring], measuring the
effectiveness of the content, form and method of dissemination of information
through the program.

2. The Director shall make any necessary
recommendations to improve the program based upon his evaluation.

3. On or before December 31 of each year, the
Director shall provide a written report to the Interim Finance Committee
concerning the results of the evaluation and any recommendations made to
improve the program.

Sec. 30. NRS 449.188 is hereby amended
to read as follows:

449.188 1. In addition to the grounds listed in NRS
449.160, the Health Division may deny a license to operate a facility for
intermediate care, facility for skilled nursing or
residential facility for groups to an applicant or may suspend or revoke the
license of a licensee to operate such a facility if:

[(8)] (9) Any other felony involving the use of a
firearm or other deadly weapon, within the immediately preceding 7 years; or

(b) The licensee has continued to employ a person who
has been convicted of a crime listed in paragraph (a).

2. In addition to the grounds listed in NRS 449.160,
the Health Division may deny a license to operate an agency to provide personal
care services in the home or an agency to provide nursing in the home to an
applicant or may suspend or revoke the license of a licensee to operate such an
agency if the licensee has continued to employ a person who has been convicted
of a crime listed in paragraph (a) of subsection 1.

Sec. 31. NRS 689A.430 is hereby amended
to read as follows:

689A.430 1. An insurer shall not, when considering
eligibility for coverage or making payments under a policy of health insurance,
consider the availability of, or eligibility of a person for, medical
assistance under Medicaid.

2. To the extent that payment has been made by
Medicaid for health care, an insurer, self-insured plan, group health plan as
defined in section 607(1) of the Employee Retirement Income Security Act of
1974 ,[(]29 U.S.C.A. § 1167(1) ,[),]
service benefit plan[,
health maintenance organization] or other organization
that has issued a policy of health insurance:

(a) Shall treat Medicaid as having a valid and
enforceable assignment of an insureds benefits regardless of any exclusion of
Medicaid or the absence of a written assignment; and

(b) May, as otherwise allowed by the policy, evidence
of coverage or contract and applicable law or regulation concerning
subrogation, seek to enforce any right of a recipient of Medicaid to
reimbursement against any other liable party if:

(1) It is so authorized pursuant to a contract
with Medicaid for managed care; or

(2) It has reimbursed Medicaid in full for the
health care provided by Medicaid to its insured.

Κ the insurer
that issued the policy shall not impose any requirements upon the state agency
except requirements it imposes upon the agents or assignees of other persons
covered by the policy.

4. If a
state agency is assigned any rights of an insured who is eligible for medical
assistance under Medicaid, an insurer shall:

(a) Upon
request of the state agency, provide to the state agency information regarding
the insured to determine:

(1)
Any period during which the insured, his spouse or dependent may be or may have
been covered by the insurer; and

(2)
The nature of the coverage that is or was provided by the insurer, including,
without limitation, the name and address of the insured and the identifying
number of the policy, evidence of coverage or contract;

(b) Respond
to any inquiry by the state agency regarding a claim for payment for the
provision of any medical item or service not later than 3 years after the date
of the provision of the medical item or service; and

(c) Agree
not to deny a claim submitted by the state agency solely on the basis of the
date of submission of the claim, the type or format of the claim form or
failure to present proper documentation at the point of sale that is the basis
for the claim if:

(1)
The claim is submitted by the state agency not later than 3 years after the
date of the provision of the medical item or service; and

(2)
Any action by the state agency to enforce its rights with respect to such claim
is commenced not later than 6 years after the submission of the claim.

Sec. 32. NRS 689B.300 is hereby amended
to read as follows:

689B.300 1. An insurer shall not, when considering
eligibility for coverage or making payments under a group health policy,
consider the availability of, or eligibility of a person for, medical assistance
under Medicaid.

2. To the extent that payment has been made by
Medicaid for health care, an insurer, self-insured plan, group health plan as
defined in section 607(1) of the Employee Retirement Income Security Act of
1974 ,[(]29 U.S.C.A. § 1167(1) , [), health maintenance organization] or
other organization that has issued a group health policy:

(a) Shall treat Medicaid as having a valid and
enforceable assignment of an insureds benefits regardless of any exclusion of
Medicaid or the absence of a written assignment; and

(b) May, as otherwise allowed by the policy, evidence
of coverage or contract and applicable law or regulation concerning
subrogation, seek to enforce any rights of a recipient of Medicaid to
reimbursement against any other liable party if:

(1) It is so authorized pursuant to a contract
with Medicaid for managed care; or

(2) It has reimbursed Medicaid in full for the
health care provided by Medicaid to its insured.

Κ the insurer
that issued the policy shall not impose any requirements upon the state agency
except requirements it imposes upon the agents or assignees of other persons
covered by the policy.

4. If a
state agency is assigned any rights of an insured who is eligible for medical
assistance under Medicaid, an insurer shall:

(a) Upon
request of the state agency, provide to the state agency information regarding
the insured to determine:

(1)
Any period during which the insured, his spouse or dependent may be or may have
been covered by the insurer; and

(2)
The nature of the coverage that is or was provided by the insurer, including,
without limitation, the name and address of the insured and the identifying
number of the policy;

(b) Respond
to any inquiry by the state agency regarding a claim for payment for the
provision of any medical item or service not later than 3 years after the date
of the provision of the medical item or service; and

(c) Agree
not to deny a claim submitted by the state agency solely on the basis of the
date of submission of the claim, the type or format of the claim form or
failure to present proper documentation at the point of sale that is the basis
for the claim if:

(1)
The claim is submitted by the state agency not later than 3 years after the
date of the provision of the medical item or service; and

(2)
Any action by the state agency to enforce its rights with respect to such claim
is commenced not later than 6 years after the submission of the claim.

Sec. 33. NRS 695A.151 is hereby amended
to read as follows:

695A.151 1. A society shall not, when considering
eligibility for coverage or making payments under a certificate for health
benefits, consider the availability of, or eligibility of a person for, medical
assistance under Medicaid.

2. To the extent that payment has been made by
Medicaid for health care, a society:

(a) Shall treat Medicaid as having a valid and
enforceable assignment of an insureds benefits regardless of any exclusion of
Medicaid or the absence of a written assignment; and

(b) May, as otherwise allowed by its certificate for
health benefits, evidence of coverage or contract and applicable law or
regulation concerning subrogation, seek to enforce any reimbursement rights of
a recipient of Medicaid against any other liable party if:

(1) It is so authorized pursuant to a contract
with Medicaid for managed care; or

(2) It has reimbursed Medicaid in full for the
health care provided by Medicaid to its insured.

3. If a state agency is assigned any rights of a
person who is:

(a) Eligible for medical assistance under Medicaid;
and

(b) Covered by a certificate for health benefits,

Κ the society
that issued the health policy shall not impose any requirements upon the state
agency except requirements it imposes upon the agents or assignees of other
persons covered by the certificate.

4. If a
state agency is assigned any rights of an insured who is eligible for medical
assistance under Medicaid, a society that issues a certificate for health
benefits, evidence of coverage or contract shall: